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Licensee's telecommunications or internet access providers. EXCEPT FOR <br /> INTENTIONAL MISCONDUCT OR A VIOLATION OF SECTION 7 Oft 8 OF THIS <br /> AGREEMENT, FOR WHICH TI�RE ARE NO LIMITS, IN NO EVENT WILL <br /> EITHER PAR,TY BE LIABLE OR OBLIGATED UNDER THIS AGREEMENT FOR <br /> NEGLIGENCE, BREACH OF WA�RRANTY, STRICT LIABILITY Oft OTHER <br /> LEGAL OR EQUITABLE THEORY(E� FOR ANY AMOUNTS IN EXCESS OF THE <br /> AGGREGATE OF THE FEES PAID TO COMPANY UNDER THE STATEMENT <br /> OF WOftK (EXHIBIT� UNDER WHICH SUCH LIABILITY AR,OSE, OR (B) FOR <br /> ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES AftISING OUT OF <br /> THIS AGREEMENT OR IN CONNECTION WITH THE DELIVERY, USE OR <br /> PERFORMANCE OF THE LICENSED WORK OR PROFESSIONAL SERVICES <br /> EVEN IF OTHER PAItTY HAS BEEN ADVISED, OR SHOULD HAVE KNOWN OF <br /> THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIlVIITED TO, <br /> LOST PROFITS OF ANY KIND. THIS SECTION DOES NOT LIlVIIT LIABILITY <br /> FOR BODILY INJURY. <br /> Some states and jurisdictions do not allow the exclusion or limitation of liability <br /> for consequential or incidental damages, or the exclusion of implied warranties or <br /> limitations on how long a warranty may last, so the limitations may not apply to you. <br /> 6. PATENT INDEMINIFICATION AND COPYRIGHT <br /> 6.1 Company agrees to Indemnity and hold Licensee harmless from any final <br /> award of costs (including, but not limited to court costs and reasonable attorneys' <br /> fees) and damages against Licensee in any action alleging that the Licensee's use of <br /> the Software infringes upon any U.S. patent issued as of the Effective Date or any <br /> copyright provided that (a) Licensee promptly notifies Company in writing no later <br /> than TEN (10) days after Licensee's notice of any potential claim, (b) Licensee <br /> permits Company, in its sole discretion, to defend, compromise or settle the claim, <br /> and (c) Licensee gives Company all available information, reasonable assistance, <br /> and authority to enable Company to do so. <br /> 6.2 If the Software or any portion of the Software becomes, or in Company's <br /> opinion, is likely to become subject of any claim of infringement, Company will <br /> either (a) procure for Licensee the right to continue exercising its rights under the <br /> 6 <br />