R2012-169 ACCEPTING THE AGREEMENT WITH T2 SYSTEMS, INC.

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shall not be responsible for any claims against Subscriber by any other party nor shall T2 or its third party licensors be liable for any property damage, personal injury, loss or inaccuracy of data, loss of profits or revenues, interruption of business, out-of-pocket expenses or any other direct, indirect, special, consequential or incidental damages, however caused, whether based on contract, tort (including negligence), strict liability, warranty, statutory rights or any other basis arising out of Subscriber's use of the Software, the provision of support, consulting or the marketing, delivery or supporting thereof, or otherwise arising pursuant to this Agreement. In the event any of the foregoing limitations of liability are void or are not effective, Subscriber agrees that the liability of 72 and its third party licensors for damages, if any, shall not exceed the Subscription fees paid by Subscriber to T2 for the three (3) months preceding the earliest event giving rise to the liability. With respect to Professional Services, in the event any of the foregoing limitations of liability are void or not effective, Subscriber agrees that T2's liability shall in no case exceed the amounts paid to T2 by Subscriber under this Agreement for Professional Services, or parts thereof, involved in the claim and not otherwise reimbursed. If only a pain of the Professional Services is the subject of a claim, then T2's liability shall be limited to the amount which T2 may have theretofore allocated to that part of the Professional Services of this Agreement, in the Quote, in any invoice of statement rendered, or to the amount as may be allocated by 72 in its good faith discretion to the part of the Professional Services. T2 shall not be liable for any lost profits or for any claim or demand against Subscriber by any other party. Article 13. DEFINED TERMS Section 13.1 Agreement. The "Agreement"between T2 and Subscriber consists of this Software Subscription Agreement and the Quote. Section 13.2 Authorized Hosting Provider. An "Authorized Hosting Provider"means T2 or its subcontractors. Section 13.3 Authorized Purposes. Subscriber's "Authorized Purposes"are the use of the Software for the Subscriber's internal parking business operations. Section 13.4 Authorized Concurrent Users. The number of "Authorized Concurrent Users" is set forth in the Quote. Subscriber may increase the number of Authorized Concurrent Users in the manner provided for in the Quote. Section 13.5 Client Components. The "Client Components" are components of the Software, which T2 makes available for downloading by Authorized Concurrent Users onto a personal computer or other personal electronic storage device solely for Authorized Purposes. Section 13.6 Cooperation. "Cooperation" is defined in Section 5.5. Section 13.7 Critical Error. A "Critical Error" is defined in Section 11.2. Section 13.8 Effective Date. The "Effective Date" is the date of this Agreement. Section 13.9 Technical Support."Technical Support" includes: VERstoh 080212 14