Common use of Damages and Liability Clause in Contracts

Damages and Liability. 12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE THAT IN NO EVENT SHALL SIDEWARE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE PRODUCTS DEVELOPED PURSUANT TO THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF SIDEWARE, AND EVEN IF SIDEWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SIDEWARE'S TOTAL LIABILITY, IN DAMAGES OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY RECEIVED BY SIDEWARE FOR DEVELOPING THE PRODUCTS. NO ACTION REGARDLESS OF FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH PRODUCTS DEVELOPED BY SIDEWARE MAY BE BROUGHT BY THE DISTRIBUTOR MORE THAN TWO (2) YEARS AFTER THE CAUSE OF AN ACTION HAS ACCRUED OR SUCH SHORTER STATUTORY PERIOD AS MAY BE APPLICABLE.

Damages and Liability. 12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE THAT IN NO EVENT SHALL SIDEWARE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE PRODUCTS DEVELOPED PURSUANT TO PURCHASED UNDER THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF SIDEWARE, AND EVEN IF SIDEWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SIDEWARE'S TOTAL LIABILITY, IN DAMAGES OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY RECEIVED BY SIDEWARE FOR DEVELOPING SELLING THE PRODUCTS. NO ACTION REGARDLESS OF FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH PRODUCTS DEVELOPED SOLD BY SIDEWARE MAY BE BROUGHT BY THE DISTRIBUTOR MORE THAN TWO (2) YEARS AFTER THE CAUSE OF AN ACTION HAS ACCRUED OR SUCH SHORTER STATUTORY PERIOD AS MAY BE APPLICABLE.

Damages and Liability. 12.1 TO EXCEPT FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGES WHICH DIRECTLY RESULTS FROM THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE THAT IN NEGLIGENT OR INTENTIONALLY WRONGFUL ACTS OR OMISSIONS OF EITHER PARTY; (A) UNDER NO EVENT SHALL SIDEWARE CIRCUMSTANCES WILL EITHER PARTY BE LIABLE FOR ANY SPECIALINCIDENTAL, INCIDENTALCONSEQUENTIAL, INDIRECT, SPECIAL OR CONSEQUENTIAL PUNITIVE DAMAGES WHATSOEVER OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR CONFIDENTIAL DAMAGE TO BUSINESS OR OTHER INFORMATIONBUSINESS RELATIONS), FOR BUSINESS INTERRUPTIONHOWEVER CAUSED, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO CONNECTED WITH THIS AGREEMENT OR ANY ORDER FOR PRODUCT ARISING HEREUNDER OR THE PURCHASE OR USE OF PRODUCT OR INABILITY SERVICES FURNISHED BY NEWBRIDGE TO USE PRODUCTS DEVELOPED PURSUANT TO THIS AGREEMENT, EVEN IN CUSTOMER; and (B) WITH THE EVENT EXCEPTION OF DAMAGES FOR THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OBLIGATIONS FOR WILLFUL MISUSE OR BREACH MISAPPROPRIATION OF WARRANTY OF SIDEWARE, AND EVEN IF SIDEWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOFTWARE AND/OR CONFIDENTIAL OR PROPRIETARY INFORMATION IN NO EVENT WILL SIDEWAREEITHER PARTY'S TOTAL LIABILITY, IN DAMAGES OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY RECEIVED BY SIDEWARE PAID OR OWED FOR DEVELOPING THE PRODUCTSPARTICULAR SERVICE OR UNIT OF PRODUCT WHICH IS THE SUBJECT OF A CLAIM OR DISPUTE. NO ACTION ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH PRODUCTS DEVELOPED THE PRODUCT OR SERVICES FURNISHED BY SIDEWARE NEWBRIDGE MAY BE BROUGHT BY THE DISTRIBUTOR CUSTOMER MORE THAN TWO (2) YEARS AFTER THE CAUSE OF AN ACTION HAS ACCRUED OR SUCH SHORTER STATUTORY PERIOD AS MAY BE APPLICABLE.

Damages and Liability. 12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE THAT IN NO EVENT SHALL SIDEWARE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE PRODUCTS DEVELOPED SOFTWARE PROVIDED PURSUANT TO THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF SIDEWARE, AND EVEN IF SIDEWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SIDEWARE'S TOTAL LIABILITY, IN DAMAGES OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY RECEIVED BY SIDEWARE FOR DEVELOPING FURNISHING THE PRODUCTSSOFTWARE. NO ACTION REGARDLESS OF FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH PRODUCTS DEVELOPED SOFTWARE FURNISHED BY SIDEWARE MAY BE BROUGHT BY THE DISTRIBUTOR DEVELOPER MORE THAN TWO (2) YEARS AFTER THE CAUSE OF AN ACTION HAS ACCRUED OR SUCH SHORTER STATUTORY PERIOD AS MAY BE APPLICABLE.THAN