Under no circumstances shall company have any liability,
whether in contract, tort (including negligence), strict
liability, other legal theory, or breach of warranty for:
any lost profits; any loss or replacement of data files lost
or damaged; consequential, special, punitive, incidental, or
indirect damages arising out of this agreement, the delivery,
use, support, operation, or failure of the system; or consequential,
special, punitive, incidental or indirect damages arising out
of the inaccuracy or loss of any data generated by the system;
even if company has been advised of the possibility of such
damages, provide that the foregoing disclaimer
under sub-section (iii) above does not apply to the extent
such damages are based upon the use of the system and are
arising out of willful misconduct or gross negligence that results
in a breach of section 6 hereto.