Limitation of Liability
EXCEPT IN THE CASE OF CLIENT'S BREACH OF THE LICENSE RESTRICTIONS IN SOFTWARE LICENSE, NEITHER PARTY WILL BE LIABLE TO THE OTHER UNDER THE AGREEMENT OR OTHERWISE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA, AND DATA USE, UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION AND THE LIKE, HOWEVER ARISING, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL E-GOVERNANCE'S LIABILITY TO CLIENT, IF ANY, EXCEED THEIR FEES PAID TO E-GOVERNANCE FOR THE PARTICULAR SOFTWARE OR SERVICE, WHICH IS THE SUBJECT OF THE CLAIM.
CLIENT ACKNOWLEDGES THAT E-GOVERNANCE HAS ESTABLISHED ITS FEES AND ENTERED INTO THE AGREEMENT IN RELIANCE UPON THE LIMITATION OF LIABILITY AND THE DISCLAIMER OF WARRANTIES IN THE AGREEMENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PROVISIONS OF THIS SECTION WILL SURVIVE THE TERMINATION OF THE AGREEMENT.