Common use of Exclusion of Damages; Limitation on Liabilities Clause in Contracts

Exclusion of Damages; Limitation on Liabilities. In no event shall either party or its suppliers or licensors be liable for (a) any indirect, special, incidental, punitive or consequential damages, including, but not limited to loss of profits, loss of data, loss of access to systems and/or loss of business, arising out of or resulting from this agreement even if the other party has been advised of the possibility of such damages; nor (b) except for any breach of sections entitled "proprietary rights", "export" and "no solicitation" or a claim for indemnification provided for under this agreement, damages in excess of the amounts payable for twelve (12) months hereunder prior to the event giving rise to the liability. The foregoing shall apply regardless of the negligence or other fault of each party and regardless of whether such liability sounds in contract, negligence, tort, or any other theory of legal liability.

Exclusion of Damages; Limitation on Liabilities. In Except as explicitly provided herein, in no event shall either party or its suppliers or licensors be liable for (a) any indirect, special, incidental, punitive or consequential damages, including, but not limited to loss of profits, loss of data, loss of access to systems and/or loss of business, arising out of or resulting from this agreement even if the other party has been advised of the possibility of such damages; nor , or (b) except for any breach of sections entitled "confidential information", "proprietary rights", "export" and "no solicitation" or a claim for indemnification provided for under this agreement, damages in excess of the amounts payable hereunder by client for twelve (12) 12 months hereunder prior to the event giving rise to the liability. The foregoing shall apply regardless of the negligence or other fault of each party and regardless of whether such liability sounds in contract, negligence, tort, or any other theory of legal liability.