 THE EXCLUSION OF IMPLIED
        WARRANTIES OR LIMITATIONS SET OUT IN THIS SECTION MAY NOT
        APPLY TO YOU.

12. LIMITATION OF LIABILITY.

    a.  INDEPENDENT OF THE FOREGOING PROVISIONS, TO THE MAXIMUM EXTENT
        PERMITTED UNDER APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL
        THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR
        STRICT PRODUCTS LIABILITY, WILL ACTIVESTATE, ITS DIRECTORS,
        OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS,
        PRINCIPALS, SUPPLIERS 