| IN NO EVENT SHALL Ariba OR ANY ARIBA SUPPLIER BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES RESULTING FROM INTERRUPTION OF USE, COST OF COVER, LOSS OR CORRUPTION OF DATA, LOST PROFITS OF ALLIANCE PARTNER OR A CUSTOMER, losses resulting from system shutdown, failure to accurately transfer, read or transmit information, failure to update or provide correct information, stolen or misused passwords, system incompatibility or providing incorrect compatibility information, or breaches in system security, WHETHER OR NOT ARIBA has been ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.  IN NO EVENT SHALL ARIBA’S OR ITS SUPPLIER’S TOTAL AND AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES PAID BY ALLIANCE PARTNER WITHIN ONE (1) YEAR PRIOR TO THE DATE OF SUCH CLAIM FOR THE APPLICABLE ORDER FORM OR SOW GIVING RISE TO SUCH LIABILITY. 
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