1. Limitation On Damages.
Distribution-Publications, Inc. («DPI») will not be liable to Enrollee for any losses or damages arising out of any act or omission of Enrollee with respect to Enrollee’s use of tariff information. DPI will not be liable for any special, indirect, incidental or consequential damages, including but not limited to lost profits, lost business opportunities caused directly or indirectly by failure or erroneous performance of the software or performance of services hereunder, whether a claim arises out of contract, warranty or tort (including without limitation negligence and strict liability).
2. Entire Liability.
DPI’s entire liability to Enrollee for any cause whatsoever, whether arising from Software or services is limited to a refund of all Fees Enrollee has paid under this Agreement for the three (3) month period immediately prior to the date liability accrues.
3. Enrollee Indemnification.
Enrollee indemnifies and holds harmless DPI, its officers, directors, employees and agents from and against any claims, losses, liabilities or expenses (including reasonable attorney’s fees) arising out of injury or damage (including death) to Enrollee’s or DPI’s employees, consultants, agents, other third parties or the property of any of them arising out of Enrollee’s (a) negligence or willful misconduct, or b) infringement of another’s patent or copyright or misappropriation of a trade secret, unless such claims, losses or liabilities are solely caused by the negligence of DPI.
DPI makes no warranties with respect to the Software or Services provided hereunder, express or implied, including without limitation the implied warranties of merchantability or fitness for a particular purpose, warranties arising from course of dealing or usage of trade and the warranty against noninfringement.