E911 and Limitation of Liability

CUSTOMER ACKNOWLEDGES THAT EVERTEK'S EQUIPMENT AND SERVICES DO NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME WAY THAT TRADITIONAL WIRELINE 911 SERVICES WORK. THE DIFFERENCES ARE DETAILED IN THE TERMS AND CONDITIONS, AND CUSTOMER AGREES TO NOTIFY ALL OF ITS CUSTOMERS OF THE 911 LIMITATIONS DESCRIBED HEREIN. ADDITIONALLY, CUSTOMER SHALL ENSURE THAT ITS RESPECTIVE CUSTOMERS NOTIFY ALL OF THEIR POTENTIAL USERS, WHO MAY PLACE CALLS USING CUSTOMER'S SERVICES, OF THE 911 LIMITATIONS DESCRIBED IN THE TERMS AND CONDITIONS. PRIOR TO THE INITIATION OF SERVICE, CUSTOMER WILL PROVIDE ITS RESPECTIVE CUSTOMERS WITH WARNING LABELS REGARDING THE LIMITATIONS OR UNAVAILABILITY OF 911 EMERGENCY DIALNG.EVERTEK DISCLAIMS ALL WARRENTIES. EXPRESS, IMPLIED. STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE, WITH RESPECT TO THE HOSTED COMMUNICATIONS SOLUTIONS PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A WORKMAN-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. EVERTEK DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER EVERTEK NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S OR A USER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN EVERTEK'S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF EVERTEK'S OR ITS SERVICE PROVIDER'S NEGLIGENCE. IN NO EVENT WILL EVERTEK OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, "EVERTEK PARTIES") BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR AN EVERTEK PARTY'S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, AN EVERTEK PARTY'S VIOLATION OF A THIRD PARTY'S RIGHT, OR AN EVERTEK PARTY'S ACTS OR OMISSIONS. EVERTEK WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY'S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE EVERTEK PARTIES' MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO EVERTEK IN THE SIX (6) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE EVERTEK PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.