ARTICLE 8. LIMITATION OF LIABILITY
8.1. EXCEPT FOR LIABILITY THAT CANNOT BE EXCLUDED OR RESTRICTED BY APPLICABLE LAW, INGENICO’S TOTAL AND AGGREGATE LIABILITY WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE IS LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO INGENICO UNDER THIS AGREEMENT IN THE AGGREGATE. INGENICO SHALL NOT, SAVE FOR CLAIMS RELATING TO PERSONAL INJURY ARISING FROM INGENICO’S NEGLIGENCE, BE LIABLE UNDER OR BY VIRTUE OF THIS AGREEMENT FOR CONSEQUENTIAL LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR INFORMATION OR ANY KIND HOWSOEVER CAUSE, LOSS OF USE, PROFITS OR CONTRACTS) OR SUBJECT TO THE FOREGOING FOR ANY LOSS DAMAGE OR INJURY OF ANY KIND WHATSOEVER. UNLESS PUBLIC POLICY OR APPLICABLE LAW OTHERWISE PROVIDES, EACH PARTY ACCEPTS AND ACKNOWLEDGE THAT NO ACTION FOR DAMAGES MAY BE LODGED ABOVE THIS AMOUNT.
8.2. IN ADDITION, INGENICO SHALL BE UNDER NO LIABILITY IN THE EVENT OF DAMAGE CAUSED TO CUSTOMER’S DATA BEING SPECIFIED THAT CUSTOMER HAS TO SAVE SUCH DATA AT ITS OWN COSTS. NO DATA SHALL UNDER ANY CIRCUMSTANCES BE REINSTALLED BY INGENICO IN THE EQUIPMENT IN CASE OF DAMAGE.
8.3. CUSTOMER MUST COMPLY AT ITS OWN EXCLUSIVE COSTS WITH ALL APPLICABLE LAWS AND REGULATIONS IN FORCE IN THE COUNTRY WHERE THE EQUIPMENT IS DELIVERED OR USED.
8.4. INGENICO SHALL BE UNDER NO LIABILITY AND NO OBLIGATION TO COMPENSATE IN CASE OF FORCE MAJEURE.
8.5. ALL CLAIMS ARISING DUE TO A BREACH HEREOF MUST BE MADE WITHIN A PERIOD OF TWO (2) YEARS OF THE NON-DEFAULTING PARTY BECOMING AWARE OF THE OCCURRENCE OF THE RELEVANT BREACH, AS HEREBY EXPRESSLY ACKNOWLEDGED AND ACCEPTED BY BOTH PARTIES.