Common use of Exclusions & Limitations Clause in Contracts

Exclusions & Limitations. A standard practice is for vendors to include specific exclusions along the lines of the following: VENDOR IP INDEMNITY LIMITATIONS. THE RIGHTS GRANTED TO CUSTOMER UNDER SECTION [ ] ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND VENDOR’S SOLE OBLIGATION FOR ANY ALLEGED INFRINGEMENT OF ANY PATENT, COPY- RIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHT. VENDOR WILL HAVE NO LIABILITY, INCLUDING UNDER SECTION [ ], OR UNDER ANY APPLICABLE STATE CODIFICATION OF U.C.C. SECTION 2-312, FOR ANY CLAIM OF INFRINGEMENT OR MIS- APPROPRIATION BASED UPON OR ARISING OUT OF: (A) ANY SOFTWARE MODIFIED WITHOUT THE APPROVAL OF VENDOR;

Exclusions & Limitations. A standard practice is for vendors to include specific exclusions along the lines of the following: VENDOR IP INDEMNITY LIMITATIONS. THE RIGHTS GRANTED TO CUSTOMER UNDER SECTION [ ] ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND VENDOR’S SOLE OBLIGATION FOR ANY ALLEGED INFRINGEMENT OF ANY PATENT, COPY- RIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHT. VENDOR WILL HAVE NO LIABILITY, INCLUDING UNDER SECTION [ ], OR UNDER ANY APPLICABLE STATE CODIFICATION OF U.C.C. § 1:8.3 TECHNOLOGY TRANSACTIONS SECTION 2-312, FOR ANY CLAIM OF INFRINGEMENT OR MIS- APPROPRIATION BASED UPON OR ARISING OUT OF: (A) ANY SOFTWARE MODIFIED WITHOUT THE APPROVAL OF VENDOR;