except as required by law mozilla and the indemnified parties will not be liable for any indirect special incidental consequential or exemplary damages arising out of or in any way relating to these terms or the use of or inability to use the communications including without limitation direct and indirect damages for loss of goodwill work stoppage lost profits loss of data and computer failure or malfunction even if advised of the possibility of such damages and regardless of the theory contract tort or otherwise upon which such claim is based