MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY
COURSE OF DEALING OR USAGE OF TRADE.
9.8 Limitations of liability
WE AND OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR
AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION,
REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE
A CERTIFICATE, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS
CPS OR REVOCATION OF A CERTIFICATE, (II) OUR DISCONTINUATION OF ANY OR ALL SERVICE
OFFERINGS IN CONNECTION WITH THIS CPS, OR, (III) ANY UNANTICIPATED OR
UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF CA SERVICES FOR ANY REASON,
INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS;
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY
INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS CPS
OR YOUR USE OF OR ACCESS TO AMAZON’S CA SERVICE OFFERINGS; OR (D) ANY
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE,
LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND
OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY IN CONNECTION WITH THIS CPS
AND ALL CERTIFICATES ISSUED HEREUNDER, IS LIMITED TO $500; PROVIDED, HOWEVER, THAT
FOR ANY EV CERTIFICATE ISSUED UNDER THIS CPS, OUR AND OUR AFFILIATES’ AND
LICENSORS’ AGGREGATE LIABILITY IS LIMITED TO $2,000 PER SUBSCRIBER OR RELYING PARTY
PER EV CERTIFICATE.
9.9 Indemnities
Indemnification by Amazon
Amazon shall indemnify each Application Software Vendor against any damage or loss suffered by an
Application Software Vendor related to or arising out of any third party allegation, claim, lawsuit, or
proceeding (a “Claim”) to the extent such Claim is based on an EV Certificate issued by Amazon except where
the claim, damage, or loss suffered by the Application Software Vendor was directly caused by the Application
Software Vendor’s software displaying either (1) a valid and trustworthy EV Certificate as not valid or
trustworthy or (2) displaying as trustworthy (i) an EV Certificate that has expired or (ii) a revoked EV
Certificate where the revocation status is available online but the Application Software Vendor’s software
failed to check or ignored the status.
In connection with any Claim described in the foregoing paragraph, the indemnified party will: (a) give
Amazon prompt written notice of the Claim (provided that any delay in notification will not relieve Amazon
of its indemnity obligations except to the extent that the delay impairs its ability to defend); (b) cooperate
reasonably with Amazon (at Amazon’s expense) in connection with the defense and settlement of the Claim;
and (c) permit Amazon to control the defense and settlement of the Claim, provided that Amazon may not
settle the Claim without the indemnified party’s prior written consent (which will not be unreasonably
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