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' 1I <br /> BUSINESS, LOST PROFITS OR REVENUE, FAILURE TO REALIZE EXPECTED <br /> SAVINGS, LOST DATA OR ANY FAILURE OF SECURITY RESULTING FROM (I) THE <br /> USE OF OR INABILITY TO USE THE MIOVISION PLATFORM OR (II) THE PROVISION OF <br /> OR FAILURE TO PROVIDE SUPPORT, OR (III) THE USE OF OR INABILITY TO USE ANY <br /> HARDWARE PROVIDED BY MIOVISION, OR (IV) MESSAGES RECEIVED OR <br /> TRANSACTIONS ENTERED INTO THROUGH OR BY REASON OF THE MIOVISION <br /> PLATFORM, EVEN IF MIOVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH <br /> DAMAGES. THE CUSTOMER'S RECOVERY WITH RESPECT TO THE MIOVISION <br /> PLATFORM AND SUPPORT SHALL NOT EXCEED THE TOTAL FEES AND CHARGES <br /> PAID BY THE CUSTOMER FOR SAME DURING THE TWELVE (12) MONTH PERIOD <br /> IMMEDIATELY PRIOR TO THE DATE THE CAUSE OF ACTION AROSE, IRRESPECTIVE <br /> OF THE NATURE OF THE CLAIM. Because some States and jurisdictions do not allow <br /> limitation of liability in certain instances, portions of the above limitation set forth in this <br /> section may not apply to the Customer. No action against either Party or any of its Agents or <br /> Users, regardless of form (including negligence), arising out of or in any way related to this <br /> Agreement may be brought by the other Party more than one year after the cause of action <br /> has arisen. <br /> 6. INDEMNIFICATION. <br /> a. Customer Indemnification. The Customer agrees to indemnify and hold harmless <br /> Miovision and its Agents from and against all third party Claims (as hereafter defined) <br /> arising from: <br /> i. any breach of the provisions of this Agreement by the Customer, Users, or <br /> any Client given access to the Miovision Platform by the Customer; <br /> ii. any Claim arising as a result of or in connection with any third party alleging <br /> that the use of the Miovision Platform or Hardware, other than in accordance <br /> with this Agreement by the Customer or any Client given access to the <br /> Miovision Platform by the Customer, or the Customer Data infringes, <br /> misappropriates or violates any copyrights, trademarks, trade secrets or <br /> other proprietary rights of, or has otherwise caused harm to, a third party; or <br /> iii. any Claim by a third party with respect to liability or damage related to or <br /> caused by the Miovision Platform or Hardware. <br /> b. Miovision Indemnification. Miovision shall indemnify and hold harmless the <br /> Customer and its Users arising from and against all third party Claims for <br /> infringement, misappropriation or violation of copyrights, trademarks, trade secrets or <br /> other proprietary rights of a third party associated with any portion of the Miovision <br /> Platform or Support. Notwithstanding the foregoing, if Miovision reasonably believes <br /> that the Customer's use of any portion of the Miovision Platform and/or Support is <br /> likely to be enjoined by reason of a Claim of infringement, violation or <br /> misappropriation of any third party's copyrights, trademarks, trade secrets or other <br /> proprietary rights, then Miovision may, at its sole option and expense: <br /> i. procure for the Customer the right to continue using the such Miovision <br /> Platform or Support, as the case may be, or any portion thereof; <br /> ii. replace the same with other software, Support or other material of equivalent <br /> functions and efficiency that is not subject to an action described in this <br /> section; or <br /> 77 <br />