NEITHER LICENSOR NOR LICENSEE HAS ANY LIABILITY FOR, AND EACH PARTY HEREBY WAIVES ANY RIGHT TO RECOVER FROM THE OTHER PARTY OR ANY OF ITS OWNERS, OFFICERS OR AFFILIATES, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL AND OTHER INDIRECT DAMAGES (INCLUDING LOST PROFITS) ARISING IN CONNECTION WITH OR WITH RESPECT TO THIS LICENSE AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OTHER LAW OR OTHERWISE. FOR THE AVOIDANCE OF DOUBT, THIS SECTION 11(C) SHALL NOT PREVENT ANY PARTY FROM SEEKING INDEMNIFICATION HEREUNDER FOR CLAIMS OF THIRD PARTIES FOR DAMAGES THAT ARE PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INDIRECT IN NATURE (INCLUDING LOST PROFITS).

NEITHER LICENSOR NOR LICENSEE HAS ANY LIABILITY FOR, AND EACHLimitations on Liability. IN NO EVENT SHALL EITHER PARTY HEREBY WAIVES ANY RIGHTOR ITS AFFILIATES BE LIABLE TO RECOVER FROM THE OTHER PARTY ORFOR ANY OF ITS OWNERS, OFFICERS OR AFFILIATES, PUNITIVE,INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,PUNITIVE, EXEMPLARY OR CONSEQUENTIAL AND OTHER INDIRECT DAMAGES (INCLUDING LOST PROFITS) ARISING IN CONNECTION WITH OR WITH RESPECT TO THIS LICENSE AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBYDAMAGES, WHETHER BASED INUPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, STRICT LIABILITY, OTHER LAW OR OTHERWISE. FOROTHERWISE, ARISING OUT OF THIS AGREEMENT, PROVIDED THAT, NOTWITHSTANDING ANYTHING TO THE AVOIDANCE OF DOUBT, THIS SECTION 11(C)CONTRARY, THE FOREGOING SHALL NOT PREVENT ANY PARTY FROM SEEKING INDEMNIFICATION HEREUNDERBE CONSTRUED TO LIMIT THE INDEMNITY OBLIGATIONS SET FORTH IN SECTIONS 11.1 AND 11.2 ABOVE OR EITHER PARTY’S LIABILITY FOR CLAIMSPATENT INFRINGEMENT OR BREACH OF THIRD PARTIES FOR DAMAGES THAT ARE PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INDIRECT IN NATURE (INCLUDING LOST PROFITS).SECTION 9.1.