Question: Consider the Outsourcing Agreement between E.Piphany, Inc. and High Speed Net Solutions, Inc. for Rich Media Advertising Services; Is there a cap on liability under this contract?
Relevant contract clauses:
[{"span": [9755, 10704], "answer": "For any breach of the warranties contained in Section 4.1, HSNS's sole and exclusive remedy, and E.piphany's entire liability, shall be: (i) in the case of a nonconforming Application, to correct the nonconforming Application, provided that HSNS notifies E.piphany of the nonconformity within the warranty period and HSNS has installed all Updates and, if E.piphany is unable to do so, HSNS shall be entitled to terminate the Application license and recover the fees paid to E.piphany for such Application; (ii) in the case of defective media, to replace such defective media, provided that HSNS returns such defective media during the warranty period; (iii) in the case of infringing Application, the indemnity contained in Section 10.1 (\"E.piphany Intellectual Property Indemnify\") and (iv) in the case of services to which the breach of warranty relate, the correction of defective work so as to comply with generally accepted industry standards.", "file_path": "cuad/OASYSMOBILE,INC_07_05_2001-EX-10.17-OUTSOURCING AGREEMENT.txt"}, {"span": [29873, 30334], "answer": "THE PROVISIONS OF SECTION 10.1 (\"E.PIPHANY INTELLECTUAL PROPERTY INDEMNITY\") STATE THE ENTIRE LIABILITY AND OBLIGATION OF E.PIPHANY, AND THE EXCLUSIVE REMEDY OF HSNS, WITH RESPECT TO ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE SECRET, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT BY THE APPLICATION OR ANY PART THEREOF. THIS LIMITATION OF LIABILITY APPLIES NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THE EXCLUSIVE REMEDIES.", "file_path": "cuad/OASYSMOBILE,INC_07_05_2001-EX-10.17-OUTSOURCING AGREEMENT.txt"}, {"span": [30365, 30823], "answer": "IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY THE OTHER PARTY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL E.PIPHANY'S LIABILITY HEREUNDER EXCEED THE SUM TOTAL OF PAYMENTS MADE BY HSNS UNDER THE INITIAL TERM OF THIS AGREEMENT.", "file_path": "cuad/OASYSMOBILE,INC_07_05_2001-EX-10.17-OUTSOURCING AGREEMENT.txt"}, {"span": [33393, 33822], "answer": "In the event of termination by either party in accordance with any of the provisions of this Agreement, neither party shall be liable to the other, because of such termination, for compensation, reimbursement or damages on account of the loss of prospective profits or anticipated sales or on account of expenditures, inventory, investments, leases or commitments in connection with the business or goodwill of E.piphany or HSNS.", "file_path": "cuad/OASYSMOBILE,INC_07_05_2001-EX-10.17-OUTSOURCING AGREEMENT.txt"}, {"span": [34438, 34686], "answer": "Except for actions for nonpayment of breach of E.piphany's proprietary rights in the Application, no action, regardless of form, arising out of this Agreement may be brought by either party more than two years after the cause of action has accrued.", "file_path": "cuad/OASYSMOBILE,INC_07_05_2001-EX-10.17-OUTSOURCING AGREEMENT.txt"}]