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any of merchantability, fitness for a particular purpose, title, or
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shareholders, directors, officers, employees and licensors (“The Dow
Jones Parties”) will not be liable (jointly or severally) to
distributor, users or any third party, for indirect, consequential,
special, incidental, punitive, or exemplary damages, including,
without limitation, lost profits, lost savings and lost revenues
(Collectively, the “Excluded damages”), whether or not characterized
in negligence, tort, contract, or other theory of liability, even if
any of the Dow Jones Parties have been advised of the possibility of
or could have foreseen any of the excluded damages and irrespective
of any failure of an essential purpose of a limited remedy.
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