14. Limitation Liability

14.1
Save as provided in Section 14.2, neither Party shall be liable for any, indirect, incidental, special, exemplary, punitive or consequential damages, use or loss of use; loss or damage of data, lost profits, business, revenue, goodwill or anticipated savings; business interruption; procurement of substitute goods or services; suffered by other Party or any third party however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising from or as a result of using the Software and/or the Service, even if advised of the possibility of such loss or damage. Save as provided in Section 14.2, the aggregate liability of either Party for all direct damages arising from or relating to this Agreement (whether in contract, tort or any other theories of law) shall not exceed the total amount of relevant Subscription Fees paid by the Customer to ENERUNI under the relevant Subscription Plan or for subscription of the relevant Eneruni App that is subject of the claim during six (6) month period immediately preceding the event giving rise to such liability, except in case of a Customer with monthly payment plan, where such liability shall be limited to fees paid during three (3) months period immediately preceding the event giving rise to such liability. For Trial Services, or Apps, or any portion thereof provided free of charge, ENERUNI' and its Affiliates liability is limited to direct damages up to US$100.00 USD or an equivalent amount in applicable local currency.
14.2
The limitation/exclusion on any Party's liability as set forth in Section 14.1 shall not apply to liability for damages,
a)
Resulting from the wilful misconduct of a Party, its employees or agents, or anyone for whom it is in law or by contract responsible;
b)
Each Party's indemnification obligations under Section 13;
c)
Use of the Software and/or the Service by You or Your Authorized Users in a manner not permitted under this Agreement; and
d)
Misappropriation or infringement of ENERUNI, its Affiliates or their licensors or third party service providers' intellectual property rights by Customer.

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