Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CELESTICA AND ITS AFFILIATES BE LIABLE FOR ANY OF THE FOLLOWING DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY BREACH THEREOF: (A) ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY OR PUNITIVE DAMAGES; (B) ANY DAMAGES FOR LOST PROFITS, REVENUE, BUSINESS OR DATA, BUSINESS INTERRUPTION, DOWN TIME OR FAILURE TO TRANSMIT OR RECEIVE ANY DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER ECONOMIC LOSS; AND (C) ANY DAMAGES ARISING FROM OR RELATING TO ANY THIRD PARTY ITEMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CELESTICA'S AND ITS AFFILIATES' AGGREGATE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID BY LICENSEE FOR THE SOFTWARE.
THE LIMITATIONS AND EXCLUSIONS SET OUT IN THIS AGREEMENT SHALL APPLY WHETHER A CLAIM IS BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH DAMAGES COULD REASONABLY BE FORESEEN OR THEIR POSSIBILITY WAS DISCLOSED TO CELESTICA AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.