Common use of Excluded Damages Clause in Contracts

Excluded Damages. IN NO EVENT WILL EITHER PARTY TOGETHER WITH ITS AFFILIATES (OR OKTA’S THIRD PARTY LICENSORS) BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY FOR ERROR OR INTERRUPTION OF USE, LOSS OR INACCURACY OR CORRUPTION OF DATA, COVER, LOST PROFITS OR REVENUES, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, THE FOREGOING EXCLUSIONS OF LIABILITY IN SECTIONS 8.1(a) AND (b), AND THIS SECTION 8.2 WILL NOT LIMIT CUSTOMER’S, AND CUSTOMER’S AFFILIATES’, PAYMENT OBLIGATIONS UNDER THE ‘FEES’ SECTION ABOVE AND WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

Excluded Damages. IN NO EVENT 9.1 TO THE EXTENT PERMITTED BY LAW, NEITHER CONTINUITY NOR CUSTOMER WILL EITHER PARTY TOGETHER WITH ITS AFFILIATES (BE LIABLE TO THE OTHER OR OKTA’S ANY THIRD PARTY LICENSORSFOR LOST PROFITS (DIRECT OR INDIRECT) BE RESPONSIBLE OR LIABLE WITH RESPECT LOSS OF USE OR DATA OR FOR ANY INCIDENTAL, OTHER CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING DAMAGE TO BUSINESS, REPUTATION, OR GOODWILL), OR INDIRECT DAMAGES OF ANY SUBJECT MATTER TYPE HOWEVER CAUSED, WHETHER BY BREACH OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY WARRANTY, BREACH OF CONTRACT, IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY FOR ERROR OR INTERRUPTION OF USE, LOSS OR INACCURACY OR CORRUPTION OF DATA, COVER, LOST PROFITS OR REVENUES, OR ANY INDIRECTOTHER LEGAL OR EQUITABLE CAUSE OF ACTION, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT A EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, THE FOREGOING EXCLUSIONS OF LIABILITY IN SECTIONS 8.1(aSHALL NOT APPLY TO: (A) PAYMENTS TO A THIRD PARTY ARISING FROM A PARTY’S OBLIGATIONS UNDER SECTION 7 (INDEMNIFICATION); AND (b), AND THIS SECTION 8.2 WILL NOT LIMIT CUSTOMER’S, AND CUSTOMERB) INFRINGEMENT BY A PARTY OF THE OTHER PARTY’S AFFILIATES’, PAYMENT OBLIGATIONS UNDER THE ‘FEES’ SECTION ABOVE AND WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAWINTELLECTUAL PROPERTY RIGHTS.

Excluded Damages. IN NO EVENT WILL EITHER PARTY TOGETHER WITH ITS AFFILIATES (OR OKTA’S THIRD PARTY LICENSORS) BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY FOR ERROR OR INTERRUPTION OF USE, LOSS OR INACCURACY OR CORRUPTION OF DATA, COVER, LOST PROFITS OR REVENUES, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREININ THE AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY, NOR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS AND CONTRACTORS WILL BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, NOR DAMAGES AND LOSSES FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITY, USE, REPUTATION, SAVINGS OR ANTICIPATED SAVINGS; BUSINESS INTERRUPTION; THE COST OF PURCHASING REPLACEMENT SERVICES; OR OTHER PECUNIARY LOSS; AND LOSS OR CORRUPTION OF ANY CLIENT CONTENT, DATA AND INFORMATION STORED ON, OR PROCESSED THROUGH, THE CLIENT EQUIPMENT, WHETHER IN ANY SUCH CASE ANY OF THE FOREGOING EXCLUSIONS ARE FORESEEABLE AND HOWEVER CAUSED, EVEN IF SUCH PARTY IS ADVISED OF LIABILITY IN SECTIONS 8.1(a) AND (b), AND THIS SECTION 8.2 WILL NOT LIMIT CUSTOMER’S, AND CUSTOMER’S AFFILIATES’, PAYMENT OBLIGATIONS UNDER THE ‘FEES’ SECTION ABOVE AND WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAWPOSSIBILITY THAT SUCH DAMAGES OR LOSSES MIGHT ARISE.