TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL
COX, ITS SUBSIDIARIES AND AFFILIATES, AND/OR COX’S VENDORS AND LICENSORS
BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS
INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF
OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION,
CONTENT AND/OR SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF
LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COX HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no
event shall Cox's total liability to You for all damages (other than as
may be required by applicable law in cases involving personal injury)
exceed the amount of fifty dollars ($500.00). Your sole and exclusive
remedies under this License Agreement are as expressly set forth herein.
The foregoing limitations will apply even if the above stated remedy
fails of its essential purpose. IF ANY APPLICABLE AUTHORITY HOLDS ANY
PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN COX’S AND ITS
SUBSIDIARIES’, AFFILIATES’ AND LICENSORS’ LIABILITY SHALL BE LIMITED TO
THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
TO THE
EXTENT ANY WARRANTY REGARDING THE LICENSED APPLICATION ARISES BY LAW OR
HAS NOT BEEN DISCLAIMED UNDER THIS AGREEMENT, COX, AND NOT APPLE, IS
SOLELY RESPONSIBLE FOR SUCH WARRANTY. IF YOU ARE A COX RESIDENTIAL
END-USER, IF THE LICENSED APPLICATION FAILS TO CONFORM TO SUCH WARRANTY,
YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE (IF ANY)
PAID FOR THE LICENSE TO THE LICENSED APPLICATION. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY
OBLIGATION WHATSOEVER WITH RESPECT TO THE LICENSED APPLICATION, AND ANY
OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES
ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO THE WARRANTY IS COX’S SOLE
RESPONSIBILITY.
Cox and User acknowledge that Cox, not Apple, is
responsible for addressing any of Your claims or any third party claims
relating to the Licensed application or Your possession and/or use of
the Licensed application, including, but not limited to: (i) product
liability claims; (ii) any claim that the Licensed application fails to
conform to any applicable legal or regulatory requirement; and (iii)
claims arising under consumer protection or similar legislation.