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Docusign Envelope lD: AA214E95-4281-41 D3-BCDC-24DD6584CAO2 BREACH, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, AN AMOUNT THAT IS EQUAL TO THE FEES PAID TO HARRIS BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE THEN- CURRENT TERM (AND IN NO EVENT BEING GREATER THAN TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GtVtNG RISE TO THE CLA|M).. IN NO EVENT SHALL HARRIS, ITS AFFILIATES AND EACH OF THEIR RESPECT]VE DIRECTORS, OFFICERS, EMPLOYEES, AND SHAREHOLDERS, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO FOR LOST REVENUE OR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR COST OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF IT HAS BEEN ADVISED OF THE LIKELIHOOD OF THE OCCURRENCE OF SUCH LOSS OR DAMAGE OR SUCH LOSS OR DAMAGE IS FORSEEABLE AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 7, Confidentiallnformation a) Definition. -"Confidential lnformation" means any non-public information and all copies thereof in whatever form or medium that is designated by the party disclosing the Confidential lnformation (the "Disclosing Party'') as being confidential or which under the circumstances surrounding the disclosure should, in the exercise of reasonable judgment, be recognized by party receiving the Confidential lnformation (the "Receiving Party'') to be confidential. The source code and object code of any software will always be Confidential lnformation, whether furnished directly or indirectly by a Disclosing Parh/ to a Receiving Party, and Confidential lnformation will otherwise include: information relating to the Disclosing Party and/or its business including, without limitation, intellectual property; financial statements, information and data, projections and forecasts; business plans, contacts and relationships; marketing plans and strategies; customer, supplier, reseller and partner lists and information; business methods; product and service plans, prices, pricing models, information and technical specifications and manuals; service specifications; research and development projects; tools; methodologies; know-how; whether such information is furnished directiy or indirectly by a Disclosing Party to a Receiving Party and whether disclosed in anticipation of this Agreement or after the date of this Agreement. lt shall include any notes made by the Receiving Party which are either received orally, or which summarize other Confidential lnformation. Confidential lnformation does not include information to the extent that such information: (i) is or becomes generally known to the public by any means other than a breach of the obligations of a Receiving Party hereunder; (ii) was previously known to the Receiving Pafi as evidenced by its written records; (iii) is riehtly received by the Receiving Party from a third party who is not under an obligation of confidentiality; or (iv) is independently developed by the Receiving Party without reference to or use of the other Party's Confidential lnformation which such independent development can be established by evidence that would be acceptable to a court of competent jurisdiction. b) ConfidentialityObligations. EachofthePartiesagree: to maintain the Confidential lnformation of the other Party in confidence and to take all reasonable steps, which shall be no less than those steps it takes to protect its own confidential and proprietary information, to protect the Confidential lnformation of the other Party from unauthorized use, disclosure, copying, or publication; not to use the Confidential lnformation of the other Party other than in the course of exercising its rights or performing its obligations under this Agreement; not to disclose or release such Confidential lnformation except to the extent required by applicable law or during the course of or in connection with any litigation, arbitration or other proceeding based upon or in connection with the subject matter of this Agreement, provided that the receiving Party shall first 4 ilt