Accordingly, CLIENT agrees, and shall require each Dealer and Consumer to agree, THAT THE DATABASE LIBRARIES ARE PROVIDED "AS IS"; JATO MAKES NO REPRESENTATIONS OR WARRANTY WITH RESPECT TO THEIR ACCURACY, COMPLETENESS, OR CURRENTNESS; AND JATO SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY AS TO QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. JATO SHALL NOT BE LIABLE ON ACCOUNT OT FITNESS FOR A PARTICULAR PURPOSE. JATO SHALL NOT BE LIABLE ON ACCOUNT OF ANY SUCH ERRORS, OMISSIONS, DELAYS, OR LOSSES UNLESS CAUSED BY ITS GROSS NEGLIGENCE OR WILFUL MISCONDUCT. CLIENT AGREES, AND SHALL REQUIRE EACH DEALER AND CONSUMER TO AGREE, THAT IN NO EVENT WILL JATO BE LIABLE FOR THE RESULTS OF CLIENT'S OR ANY DEALER'S OR CONSUMER'S USE OF THE DATABASE LIBRARIES, FOR ITS OR THEIR INABILITY OR FAILURE TO CONDUCT ITS OR THEIR BUSINESS, OR FOR INDIRECT, SPECIAL, OR CONSEQUNTIAL DAMAGES. CLIENT FUTHER AGREES THAT IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF JATO FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING UNDER THIS AGREEMENT AND SERVICES PERFORMED HEREUNDER, WHETHER IN CONTRACT OR TORT, INCLUDING NEGIGENCE, EXCEED ONE-TWELFTH (1/12) OF THE TOTAL AMOUNT PAID BY THE CLIENT TO JATO DURING THE PRECEDING TWELVE-MONTH (12-) PERIOD, EVEN IF JATO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIM, LOSS, OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY ANA EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
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