SiMX will protect the privacy of Customer's confidential information with no less care than it protects its own confidential information. Customer will identify confidential information as such in writing. SiMX will not share Customer's confidential information with any third party.
IN NO EVENT WILL SIMX, ITS OWNERS, OR ITS EMPLOYEES, ("Vendor") BE LIABLE TO YOU, FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, COMPENSATORY DAMAGES, LOST PROFITS, LOST DATA OR ANY FORM OF SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHETHER BASED ON BREACH OF CONTRACT OR WARRANTY, TORT INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF Vendor IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Vendor shall not be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone's use of the information or data extraction services. In no event shall Vendor be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement or substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this system, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or under any other cause of action.