Indemnity, Disclaimer And Limitation Of Liability
By participating in the Program, each Participant agrees on behalf of such Participant and such Participant’s institution or company to release, discharge, indemnify and hold harmless Sponsor, its affiliates and subsidiaries, and its and their officers, directors, employees, agents and representatives from all liability for any injury, loss or damage, including death or property damage, due in whole or part, directly or indirectly, to the participation in the Program or the receipt, use or misuse of the Award. Sponsor makes no, and hereby disclaims all, warranties, representations, or guarantees, express or implied, in fact or in law, with respect to the Award, including, without limitation, to the Award’s quality or fitness for a particular purpose. THE SPONSOR IS NOT RESPONSIBLE FOR LOST, LATE, STOLEN, INCOMPLETE, ILLEGIBLE, INACCURATE, UNDELIVERED, DELAYED OR MISDIRECTED APPLICATIONS, OR FOR ANY COMPUTER, INTERNET, EMAIL, TELEPHONE OR TECHNICAL MALFUNCTIONS OR DELAYS, OR FOR ANY HUMAN ERRORS THAT OCCUR IN THE PROCESSING, TRANSMISSION OR RECEIPT OF APPLICATIONS, OR FOR INACCURATE TRANSCRIPTION OF APPLICATION INFORMATION, OR IF THE PROGRAM IS NOT CAPABLE OF BEING CONDUCTED AS PLANNED, INCLUDING BUT NOT LIMITED TO INFECTION BY COMPUTER VIRUSES, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES, OR OTHER CAUSES BEYOND THE CONTROL OF THE SPONSOR. IN NO EVENT SHALL SPONSOR, ITS AFFILIATES OR SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOST REVENUES, LOST PROFITS OR DAMAGES FOR HARM TO BUSINESS OR LOSS OF DATA, IN EACH CASE, WHATSOEVER ARISING OUT OF OR IN CONJUNCTION WITH THE PROGRAM OR THE RECEIPT, USE OR MISUSE OF THE AWARD, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OF THEM ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, SPONSOR’S TOTAL AND CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM SHALL IN NO EVENT EXCEED THE TOTAL VALUE OF THE AWARD.