DISCLAIMER OF WARRANTY and LIMITATION OF LIABILITY 

(a) Disclaimer of Warranty. Terracotta Software and any accompanying 
Technical Support and/or Documentation are licensed and provided to 
Licensee "as is", without warranty of any kind, and Terracotta disclaims 
all warranties, whether express, implied, or statutory, including 
without limitation the warranties of merchantability, fitness for a 
particular purpose, title, noninfringement, accuracy, quiet enjoyment, 
and system integration with respect to the Software and any Technical 
Support and/or Documentation, except as may otherwise be set forth in 
the applicable license agreement entered into by and between you and Terracotta. 

(b) Limitation of Liability. In no event and under no circumstances 
shall Terracotta be liable for any indirect, exemplary, special, 
consequential, treble, punitive, or incidental damages of any kind 
(including without limitation lost profits), however caused and 
regardless of the theory of liability, even if Terracotta has been 
advised of the possibility of such damages, and the 
foregoing limitations will apply even if the above-stated warranty 
fails of its essential purpose, except as may otherwise be set forth in 
the applicable license agreement entered into by and between you and Terracotta.