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.