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9.3. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 8 and 3, FOR ANY BREACH OF THE SERVICES WARRANTY, THE CUSTOMER'S EXCLUSIVE REMEDY AND CORE'S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF CORE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY AT NO COST TO THE CUSTOMER IN A COMMERCIALLY REASONABLE MANNER, THE CUSTOMER MAY END THE DEFICIENT SERVICES AND CORE WILL REFUND TO THE CUSTOMER THE FEES PAID FOR THE DEFICIENT SERVICES FOR THE PERIOD OF TIME DURING WHICH THE SERVICES WERE DEFICIENT. 9.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. 10. LIMITATION OF LIABILITY 10.1. IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF REVENUE, PROFITS (EXCLUDING FEES UNDER THIS AGREEMENT), SALES, DATA, DATA USE, GOODWILL, OR REPUTATION. THE FOREGOING EXCULPATION OF LIABILITY SHALL NOT APPLY TO THE INDEMNIFICATION PROVISIONS SET FORTH IN SECTION 8 OF THIS AGREEMENT. 10.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER CUSTOMER, CORE, OR ANY OF THEIR AFFILIATES UNDER THIS AGREEMENT, WITH RESPECTTO ANY CLAIM, DEMAND, OR ACTION ARISING OUT OF THIS AGREEMENT OR AN ORDER, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (1) THE TOTAL AMOUNTS ACTUALLY PAID UNDER YOUR ORDER FOR THE SERVICES GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY; (II) THE POLICY LIMITS OF ANY INSURANCE COVERAGE THAT IS APPLICABLE TO THE CLAIM 10.3. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CORE AND OUR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR AN ORDER FOR MISAPPROPRIATION, LOSS, OR DAMAGE OF THE CUSTOMER'S DATA CAUSED SOLELY BY CORE'S OR ITS AFFILIATES' BREACH OF THEIR SECURITY PRACTICES EXCEED THE GREATER OF (1) THE TOTALAMOUNTS ACTUALLY PAID UNDER YOUR ORDER FOR THE SERVICES GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY; (II) THE POLICY LIMITS OF ANY INSURANCE COVERAGE THAT IS APPLICABLE TO THE CLAIM 11. CONFIDENTIALITY 11.1. CORE shall maintain the confidentiality of data submitted by Customer to CORE. CORE shall not use or disclose Customer's data for any purpose other than (a) the purposes of this Agreement, (b) to conduct CORE's business functions necessary for the operation and maintenance of the CORE ASP Service, and (c) as required by law, rule, or regulation, provided that, prior to making any such required disclosure CORE shall give Customer such notice as may be reasonably possible under the circumstances in order to enable Customer to oppose such disclosure. CORE shall not, however, be required to keep confidential any data or information that is or becomes publicly available, is already rightfully in CORE's possession, is independently developed by CORE outside the scope of this Agreement, or is rightfully obtained from third parties. Notwithstanding the foregoing, CORE shall not disclose to third parties individually identifiable demographic and financial data submitted to the CORE ASP Service, except to employees and contractors assisting CORE with the performance of this Agreement or as required by law. Page 5 of 8 ATTY/AGR/2019.118.1/CHERRYROAD ERP IMPLEMENTATION SERVICES - COREBT SOFTWARE LICENSE AGR REV: 05-28-19 PR