Common use of IN NO EVENT WILL Clause in Contracts

IN NO EVENT WILL. DEALPATH BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT DEALPATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. DEALPATH’S ENTIRE LIABILITY UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AND WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100) OR THE TOTAL AMOUNT YOU PAID TO DEALPATH FOR USE OF THE SOFTWARE, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL. DEALPATH VERISIGN’S LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED TWO TIMES THE TOTAL AMOUNT OF FEES PAID BY RESELLER TO VERISIGN HEREUNDER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE CLAIM FOR DAMAGES. IN ADDITION, IN NO EVENT WILL EITHER PARTY OR THEIR RESPECTIVE CLIENTS BE LIABLE TO YOU THE OTHER PARTY OR TO ANY OTHER THIRD PARTY FOR ANY SPECIALLOST OPPORTUNITY OR PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, PUNITIVE CONSEQUENTIAL OR CONSEQUENTIAL SPECIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF THIS AGREEMENT, UNDER ANY CAUSE OF ACTION OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE THEORY OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT DEALPATH SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. DEALPATH’S ENTIRE LIABILITY UNDER THIS AGREEMENT FROM ALL CAUSES DAMAGE THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ACTION AND UNDER ALL THEORIES ESSENTIAL PURPOSE OF LIABILITY WILL BE ANY LIMITED TO AND WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100) OR THE TOTAL AMOUNT YOU PAID TO DEALPATH FOR USE OF THE SOFTWARE, WHICHEVER IS GREATERREMEDY. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSESECTION SHALL PREVAIL OVER ANY CONFLICTING TERMS ELSEWHERE IN THIS AGREEMENT.