Limitation of Liability

IN NO EVENT SHALL CN BE LIABLE TO PURCHASER OR ANY THIRD PARTY FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY
DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR
LOSS OF BUSINESS, ARISING FROM THE SALE OR USE OF PRODUCTS AND SERVICES,
WHETHER BASED UPON TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY),
BREACH OF CONTRACT, OR ANY OTHER THEORY, REGARDLESS OF WHETHER SUCH
DAMAGES WERE FORESEEABLE AND WHETHER OR NOT CN WAS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY
WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT
SHALL CN’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS
AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE
AMOUNTS PAID TO CN PURSUANT TO THE APPLICABLE ORDER GIVING RISE TO THE
CLAIM