Common use of IN NO EVENT Clause in Contracts

IN NO EVENT. WHETHER THE CAUSE OF ACTION BE BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY SHALL EITHER PARTY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGE OF ANY KIND, OR FOR LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, USE, PERFORMANCE, FAILURE OR INTERRUPTIONS OF ITS PRODUCTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, LIPOMATRIX'S MAXIMUM LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS PURCHASED DURING THE TERM OF THIS AGREEMENT. THE FOREGOING LIMITATIONS SHALL NOT AFFECT EITHER PARTY'S DUTY TO INDEMNIFY THE OTHER PARTY FOR THIRD-PARTY SUITS FOR SUCH DAMAGES, AS SET FORTH IN SECTIONS VII AND VIII. THE DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREUNDER SHALL FAIL OF ITS ESSENTIAL PURPOSE. DISTRIBUTOR HAS ACCEPTED THE DISCLAIMER OF LIABILITY FOR DAMAGES AS PART OF A BARGAIN TO LOWER THE PRICE OF THE PRODUCTS AND UNDERSTANDS THAT THE PRICE OF THE PRODUCTS WOULD BE HIGHER IF LIPOMATRIX WERE REQUIRED TO BEAR ADDITIONAL LIABILITY FOR DAMAGES.

IN NO EVENT. IS ACS LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER THE CAUSE ARISING OUT OF ACTION BE BASED IN CONTRACT OR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY SHALL EITHER PARTY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGE OF ANY KIND), OR FOR LOSS OTHERWISE, REGARDLESS OF REVENUE, LOSS OF BUSINESS WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, USE, PERFORMANCE, FAILURE OR INTERRUPTIONS OF ITS PRODUCTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, LIPOMATRIX'S MAXIMUM LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE ACS HAS BEEN ADVISED OF THE PRODUCTS PURCHASED DURING THE TERM POSSIBILITY OF THIS AGREEMENT. THE FOREGOING LIMITATIONS SHALL NOT AFFECT EITHER PARTY'S DUTY TO INDEMNIFY THE OTHER PARTY FOR THIRD-PARTY SUITS FOR SUCH DAMAGES, AS SET FORTH IN SECTIONS VII AND VIII. NOTWITHSTANDING THE DISCLAIMER FAILURE OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY AGREED OR OTHER REMEDY PROVIDED HEREUNDER SHALL FAIL OF ITS ESSENTIAL PURPOSE. DISTRIBUTOR HAS ACCEPTED ACS IS NOT RESPONSIBLE FOR ANY LOSSES ARISING FROM ANY DISRUPTION OF ACS’S SERVICE TO CLIENT OR DISRUPTION OR MALFUNCTION OF ACS SOFTWARE FOR ANY REASON, OTHER THAN ACS’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT ACKNOWLEDGES THAT ACS DOES NOT HAVE CONTROL OVER THIRD PARTIES AND CANNOT WARRANT, AND WILL NOT BE HELD LIABLE FOR, NON-PERFORMANCE OF HARDWARE AND/OR THIRD PARTY SOFTWARE, OR MATERIALS OR SERVICES FROM THIRD-PARTIES. CLIENT ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN OPERATING COMPUTER SERVERS AND INTERNET CONNECTIVITY THAT COULD RESULT IN THE DISCLAIMER LOSS OF LIABILITY FOR DAMAGES AS PART PRIVACY, CONFIDENTIAL INFORMATION AND PROPERTY OF A BARGAIN TO LOWER THE PRICE OF THE PRODUCTS CLIENT AND UNDERSTANDS THAT THE PRICE OF THE PRODUCTS WOULD BE HIGHER IF LIPOMATRIX WERE REQUIRED TO BEAR ADDITIONAL LIABILITY FOR DAMAGESSUCH RISKS ARE BORNE SOLELY BY CLIENT.

IN NO EVENT. WHETHER THE CAUSE OF ACTION BE BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY SHALL EITHER PARTY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGE OF ANY KIND, OR FOR LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, USE, PERFORMANCE, FAILURE OR INTERRUPTIONS OF ITS PRODUCTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, LIPOMATRIX'S MAXIMUM LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS PURCHASED DURING THE TERM OF THIS AGREEMENT. THE FOREGOING LIMITATIONS SHALL NOT AFFECT EITHER PARTY'S DUTY TO INDEMNIFY THE OTHER PARTY FOR THIRD-PARTY SUITS FOR SUCH DAMAGES, AS SET FORTH IN SECTIONS VII AND VIII. THE DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREUNDER SHALL FAIL OF ITS ESSENTIAL PURPOSE. DISTRIBUTOR HAS ACCEPTED THE DISCLAIMER OF LIABILITY FOR DAMAGES AS PART OF A BARGAIN TO LOWER THE PRICE OF THE PRODUCTS AND UNDERSTANDS UNDER STANDS THAT THE PRICE OF THE PRODUCTS WOULD BE HIGHER IF LIPOMATRIX WERE REQUIRED TO BEAR ADDITIONAL LIABILITY FOR DAMAGES.

IN NO EVENT. WHETHER THE CAUSE AS A RESULT OF ACTION BE BASED IN CONTRACT OR BREACH OF CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL SUBNET'S TOTAL AND CUMULATVE LIABILITY TO YOU FOR ANY LOSS OR DAMAGE ARISING UNDER THIS SUBNET QUOTATION, THE PERFORMANCE HEREOF OR THE USE OR RELIANCE UPON ANY SOFTWARE OR HARDWARE PROVIDED HEREUNDER, EXCEED THE PRICE OF THE SPECIFIC SOFTWARE, HARDWARE OR SERVICES THAT GAVE RISE TO THE CLAIM. NO CLAIM, REGARDLESS OF FORM, ARISING FROM THIS SUBNET QUOTATION MAY BE BROUGHT BY YOU MORE THAN TWO (2) YEARS FROM THE DATE SUCH CLAIM ARISES. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY OTHERWISE, SHALL EITHER PARTY SUBNET BE LIABLE FOR INCIDENTALANY SPECIAL, CONSEQUENTIAL, INDIRECTEXEMPLARY, SPECIAL INCIDENTAL OR PUNITIVE DAMAGE OF DAMAGES, ANY KIND, OR FOR LOSS OF REVENUEPROFIT OR REVENUES, LOSS OF BUSINESS USE OF SOFTWARE, HARDWARE OR OTHER FINANCIAL LOSS ARISING OUT SERVICES OR ASSOCIATED EQUIPMENT, DAMAGE TO ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, FACILITIES, SERVICES, DOWNTIME COSTS OR IN CONNECTION WITH THE SALE, USE, PERFORMANCE, FAILURE OR INTERRUPTIONS ANY CLAIMS OF ITS PRODUCTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, LIPOMATRIX'S MAXIMUM LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS PURCHASED DURING THE TERM OF THIS AGREEMENT. THE FOREGOING LIMITATIONS SHALL NOT AFFECT EITHER PARTY'S DUTY TO INDEMNIFY THE OTHER PARTY FOR THIRD-PARTY SUITS YOUR CUSTOMERS FOR SUCH DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THEIR POSSIBLE EXISTENCE. IF SUBNET OR ITS SUBCONTRACTORS OR SUPPLIERS PROVIDE YOU WITH ADVICE OR OTHER ASSISTANCE, INCLUDING INPUT OF CUSTOMER-PROVIDED OR CUSTOMER- REQUESTED SETTINGS AND ADVICE RELATED THERETO, CONCERNING ANY HARDWARE OR SYSTEM OR EQUIPMENT IN WHICH ANY SUCH HARDWARE MAY BE INSTALLED, THE PROVISION OF SUCH ADVICE OR ASSISTANCE SHALL NOT SUBJECT SUBNET TO ANY LIABILITY, WHETHER AS SET FORTH IN SECTIONS VII AND VIIIA RESULT OF BREACH OF CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THE DISCLAIMER OF LIABILITY FOR DAMAGES WILL SUBNET SHALL NOT BE AFFECTED IF LIABLE FOR ANY REMEDY PROVIDED HEREUNDER SHALL FAIL OF ITS ESSENTIAL PURPOSE. DISTRIBUTOR HAS ACCEPTED THE DISCLAIMER OF LIABILITY FOR DAMAGES AS PART OF A BARGAIN CLAIMS OR LOSSES RESULTING FROM ANY UNAUTHORIZED ACCESS TO LOWER THE PRICE OF THE PRODUCTS AND UNDERSTANDS THAT THE PRICE OF THE PRODUCTS WOULD BE HIGHER IF LIPOMATRIX WERE REQUIRED TO BEAR ADDITIONAL LIABILITY FOR DAMAGESSOFWARE OR HARDWARE.

IN NO EVENT. WHETHER (EXCEPT AS SET OUT IN SECTION 8) SHALL EITHER PARTY, ITS AFFILIATES, SERVICE PROVIDERS, SUPPLIERS OR AGENTS BE LIABLE TO THE CAUSE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST OR IMPUTED PROFITS OR REVENUES, LOST DATA OR COST OF ACTION BE BASED IN CONTRACT PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR TORT (INCLUDING NEGLIGENCESERVICE INTERRUPTION HOWEVER CAUSED ARISING FROM OR RELATED TO THE SERVICE(S) OR ANY OTHER THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED, WHETHER BREACH OF WARRANTY, INDEMNIFICATION, NEGLIGENCE, STRICT LIABILITY OR EQUITABLE THEORY SHALL EITHER PARTY BE LIABLE FOR INCIDENTALOTHERWISE, CONSEQUENTIALAND WHETHER LIABILITY IS ASSERTED IN CONTRACT, INDIRECTTORT OR OTHERWISE, SPECIAL OR PUNITIVE DAMAGE AND REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY KIND, OR FOR LOSS OF REVENUESUCH LIABILITY, LOSS OR DAMAGE. THE TOTAL AGGREGATE LIABILITY OF BUSINESS EITHER PARTY, ITS AFFILIATES, SERVICE PROVIDERS, SUPPLIERS AND AGENTS TO THE OTHER PARTY AND/OR OTHER FINANCIAL LOSS ARISING OUT OF OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES PROVEN BY THE SALEPARTY MAKING AN ASSERTION OF LIABILITY, USE, PERFORMANCE, FAILURE OR INTERRUPTIONS SUCH DIRECT DAMAGES NOT TO EXCEED AN AMOUNT EQUAL TO THE TOTAL NET PAYMENTS RECEIVED BY INSIGHTFUL FOR THE AFFECTED SERVICE WHICH GIVES RISE TO SUCH LIABILITY IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE IN WHICH THE CLAIM ARISES. IN THE CASE OF ITS PRODUCTS. NOTWITHSTANDING ANY OTHER PROVISION CLAIMS ARISING WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS AGREEMENT, LIPOMATRIX'S MAXIMUM LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS PURCHASED DURING THE TERM OF THIS AGREEMENT. THE FOREGOING LIMITATIONS SHALL NOT AFFECT EITHER PARTY'S DUTY TO INDEMNIFY THE OTHER PARTY FOR THIRD-PARTY SUITS FOR SUCH DAMAGES, AS SET FORTH IN SECTIONS VII AND VIII. THE DISCLAIMER LIMITATION OF LIABILITY FOR DAMAGES WILL NOT SHALL BE AFFECTED IF ANY REMEDY PROVIDED HEREUNDER SHALL FAIL OF ITS ESSENTIAL PURPOSECALCULATED BY TAKING THE FIRST MONTHLY INVOICE VALUE PAID BY CUSTOMER AND MULTIPLYING SUCH AMOUNT BY TWELVE. DISTRIBUTOR HAS ACCEPTED THE DISCLAIMER OF LIABILITY FOR DAMAGES AS PART OF A BARGAIN TO LOWER THE PRICE OF THE PRODUCTS AND UNDERSTANDS THAT THE PRICE OF THE PRODUCTS WOULD BE HIGHER IF LIPOMATRIX WERE REQUIRED TO BEAR ADDITIONAL LIABILITY FOR DAMAGESThe foregoing sets forth Customer’s exclusive remedy for breach of this Agreement by Insightful. For certain Service(s), Insightful licenses certain software from third parties for use with such Service(s). The liability of such third party suppliers for damages, whether direct, indirect, incidental, special, or consequential arising from use of the software and hardware, shall be disclaimed and limited to the maximum extent permitted by law.

IN NO EVENT. WHETHER SHALL LICENSOR OR BOLP BE LIABLE TO THE CAUSE LICENSEE FOR ANY AMOUNT IN EXCESS OF ACTION BE BASED THE FEES ACTUALLY PAID BY THE LICENSEE TO LICENSOR UNDER THIS AGREEMENT. IN CONTRACT OR TORT NO EVENT SHALL LICENSOR (INCLUDING NEGLIGENCEBOLP) OR ANY OTHER LEGAL OR EQUITABLE THEORY SHALL EITHER PARTY SARASOTA COUNTY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIALOR CONSEQUENTIAL DAMAGES, INDIRECTINCLUDING, SPECIAL OR PUNITIVE DAMAGE OF ANY KIND, OR FOR LOSS OF REVENUEWITHOUT LIMITATION, LOSS OF BUSINESS PROFITS OR OTHER FINANCIAL LOSS INTERRUPTION OF BUSINESS, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT, INDEMNITY, OR OTHERWISE, EVEN IF LICENSOR OR BOLP HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LICENSEE HEREBY WAIVES ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE THE LICENSEE OF AN ADEQUATE REMEDY. CLAIMS FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT MUST BE MADE BY THE SALE, USE, PERFORMANCE, FAILURE OR INTERRUPTIONS OF ITS PRODUCTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, LIPOMATRIX'S MAXIMUM LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE LICENSEE WITHIN ONE YEAR OF THE PRODUCTS PURCHASED DURING THE TERM INCIDENT TO WHICH THEY RELATE OR BE FOREVER BARRED. The provisions of this Section allocate the risks under this Agreement between Licensor and the Licensee and this Agreement and the pricing and other terms contained herein reflect the allocation of risk and limitation of liability specified herein. LICENSOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF THIS AGREEMENTTITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING LIMITATIONS SHALL NOT AFFECT EITHER PARTY'S DUTY TO INDEMNIFY THE OTHER PARTY LICENSEE’S SOLE REMEDY FOR THIRD-PARTY SUITS FOR SUCH DAMAGESLICENSOR’S BREACH OF ANY OR ALL PROVISIONS, REPRESENTATIONS, WARRANTIES AND COVENANTS IN THIS AGREEMENT IS AS SET FORTH IN SECTIONS VII AND VIII. THE DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREUNDER SHALL FAIL OF ITS ESSENTIAL PURPOSE. DISTRIBUTOR HAS ACCEPTED THE DISCLAIMER OF LIABILITY FOR DAMAGES AS PART OF A BARGAIN TO LOWER THE PRICE OF THE PRODUCTS AND UNDERSTANDS THAT THE PRICE OF THE PRODUCTS WOULD BE HIGHER IF LIPOMATRIX WERE REQUIRED TO BEAR ADDITIONAL LIABILITY FOR DAMAGESTHIS PARAGRAPH.

IN NO EVENT. WHETHER THE CAUSE OF ACTION BE BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY SHALL EITHER PARTY OR ANY OF ITS RESPECTIVE AFFILIATES BE LIABLE UNDER THIS AGREEMENT FOR INCIDENTAL, CONSEQUENTIALSPECIAL, INDIRECT, SPECIAL INCIDENTAL OR PUNITIVE DAMAGE OF ANY KINDCONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR FOR OTHERWISE, INCLUDING LOSS OF PROFITS OR REVENUE, LOSS SUFFERED BY PROTALIX, FIOCRUZ OR ANY OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, USE, PERFORMANCE, FAILURE OR INTERRUPTIONS OF ITS PRODUCTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, LIPOMATRIX'S MAXIMUM LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS PURCHASED DURING THE TERM OF THIS AGREEMENTTHEIR RESPECTIVE AFFILIATES. THE FOREGOING LIMITATIONS SENTENCE SHALL NOT AFFECT LIMIT (A) THE OBLIGATIONS OF EITHER PARTY'S DUTY PARTY TO INDEMNIFY THE OTHER PARTY AS PROVIDED HEREUNDER, (B) ANY LIABILITIES RESULTING FROM A BREACH OF THE CONFIDENTIALITY OBLIGATIONS UNDER ARTICLE 11 OR FROM USE OF ANY INTELLECTUAL PROPERTY OTHER THAN IN ACCORDANCE WITH THE LICENSE GRANTED PURSUANT TO ARTICLE 4, OR (C) ANY PAYMENT OBLIGATIONS UNDER THIS AGREEMENT. EXCEPT FOR THIRDLOSSES TO THE EXTENT RESULTING FROM PROTALIX'S GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, IN NO EVENT SHALL PROTALIX'S TOTAL LIABILITY TO FIOCRUZ ARISING IN CONNECTION WITH THE SUPPLY OF SUPPLIED MATERIALS PURSUANT TO SECTION 6 HEREOF EXCEED, ON A SUPPLIED MATERIAL-PARTY SUITS BY-SUPPLIED MATERIAL BASIS, THE TOTAL AMOUNT PAID BY FIOCRUZ FOR SUCH DAMAGES, AS SET FORTH IN SECTIONS VII AND VIII. THE DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREUNDER SHALL FAIL OF ITS ESSENTIAL PURPOSE. DISTRIBUTOR HAS ACCEPTED THE DISCLAIMER OF LIABILITY FOR DAMAGES AS PART OF A BARGAIN TO LOWER THE PRICE OF THE PRODUCTS AND UNDERSTANDS THAT THE PRICE OF THE PRODUCTS WOULD BE HIGHER IF LIPOMATRIX WERE REQUIRED TO BEAR ADDITIONAL LIABILITY FOR DAMAGESSUPPLIED MATERIAL.

IN NO EVENT. WHETHER THE CAUSE OF ACTION BE BASED IN CONTRACT WILL ZELTIQ OR TORT (INCLUDING NEGLIGENCE) ITS LICENSORS OR ANY OTHER LEGAL OR EQUITABLE THEORY SHALL EITHER PARTY SUPPLIERS BE LIABLE FOR LOST PROFITS OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGE OF ANY KIND, OR FOR LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALERELATED TO THIS AGREEMENT (WHETHER FROM BREACH OF CONTRACT, USEBREACH OF WARRANTY, PERFORMANCEOR FROM NEGLIGENCE, FAILURE STRICT LIABILITY, OR INTERRUPTIONS OF ITS PRODUCTS. NOTWITHSTANDING ANY OTHER PROVISION FORM OF ACTION), EVEN IF ZELTIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENTLIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. IN NO EVENT WILL ZELTIQ’S AGGREGATE, LIPOMATRIX'S MAXIMUM CUMULATIVE LIABILITY FOR DAMAGES HEREUNDER SHALL NOT ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE PURCHASE PRICE SUM OF ALL FEES ACTUALLY PAID TO ZELTIQ BY DISTRIBUTOR PURSUANT TO SECTION 4 DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. THIS LIMITATION OF LIABILITY IS CUMULATIVE, WITH ALL PAYMENTS BEING AGGREGATED TO DETERMINE SATISFACTION OF THE PRODUCTS PURCHASED DURING LIMIT. THE TERM EXISTENCE OF TWO OR MORE CLAIMS OR SUITS WILL NOT ENLARGE THIS AGREEMENTLIMIT. IN NO EVENT WILL ZELTIQ HAVE ANY LIABILITY WHATSOEVER UNDER THIS AGREEMENT TO CUSTOMERS. THE PARTIES ACKNOWLEDGE THAT THE PRICES SPECIFIED IN THIS AGREEMENT REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT ZELTIQ WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THE FOREGOING LIMITATIONS SHALL NOT AFFECT EITHER PARTY'S DUTY TO INDEMNIFY THE OTHER PARTY FOR THIRD-PARTY SUITS FOR SUCH DAMAGES, AS SET FORTH IN SECTIONS VII AND VIII. THE DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREUNDER SHALL FAIL OF ITS ESSENTIAL PURPOSE. DISTRIBUTOR HAS ACCEPTED LIABILITY AND THE DISCLAIMER OF LIABILITY FOR DAMAGES AS PART OF A BARGAIN TO LOWER THE PRICE OF THE PRODUCTS AND UNDERSTANDS THAT THE PRICE OF THE PRODUCTS WOULD BE HIGHER IF LIPOMATRIX WERE REQUIRED TO BEAR ADDITIONAL LIABILITY FOR DAMAGESWARRANTY DISCLAIMERS CONTAINED HEREIN.

IN NO EVENT. WHETHER SHALL THE CAUSE COMPANY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ACTION BE BASED IN CONTRACT ANY TYPE OR TORT KIND (INCLUDING NEGLIGENCE) PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR ANY OTHER LEGAL ECONOMIC ADVANTAGE). THE COMPANY AND/OR EQUITABLE THEORY ITS LICENSORS SHALL EITHER PARTY NOT BE LIABLE FOR INCIDENTALANY LOSS, CONSEQUENTIALDAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INDIRECTINCLUDING BY NOT LIMITED TO LOSS, SPECIAL DAMAGE OR PUNITIVE DAMAGE INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY KINDADVERTISING, OR FOR LOSS AS A RESULT OF REVENUEANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, LOSS OF BUSINESS ADVERTISER OR OTHER FINANCIAL LOSS ARISING OUT OF SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IN CONNECTION WITH IS REFERRED BY THE SALESERVICE OR APPLICATION, USE, PERFORMANCE, FAILURE EVEN IF THE COMPANY AND/OR INTERRUPTIONS OF ITS PRODUCTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, LIPOMATRIX'S MAXIMUM LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE PRODUCTS PURCHASED DURING THE TERM POSSIBILITY OF THIS AGREEMENT. THE FOREGOING LIMITATIONS SHALL NOT AFFECT EITHER PARTY'S DUTY TO INDEMNIFY THE OTHER PARTY FOR THIRD-PARTY SUITS FOR SUCH DAMAGES, AS SET FORTH IN SECTIONS VII AND VIII. THE DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREUNDER SHALL FAIL OF ITS ESSENTIAL PURPOSE. DISTRIBUTOR HAS ACCEPTED THE DISCLAIMER OF LIABILITY FOR DAMAGES AS PART OF A BARGAIN TO LOWER THE PRICE OF THE PRODUCTS AND UNDERSTANDS THAT THE PRICE OF THE PRODUCTS WOULD BE HIGHER IF LIPOMATRIX WERE REQUIRED TO BEAR ADDITIONAL LIABILITY FOR DAMAGES.

IN NO EVENT. WHETHER THE CAUSE OF ACTION BE BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY SHALL EITHER PARTY FISERV BE LIABLE ----------------------- FOR INCIDENTALLOSS OF GOODWILL, CONSEQUENTIALOR FOR SPECIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGE OF ANY KINDINCIDENTAL, OR FOR LOSS CONSEQUENTIAL DAMAGES ARISING FROM CLIENT'S USE OF REVENUEFISERV SERVICES, LOSS OR FISERV'S SUPPLY OF BUSINESS EQUIPMENT OR OTHER FINANCIAL LOSS ARISING OUT SOFTWARE, REGARDLESS OF WHETHER SUCH CLAIM ARISES IN TORT OR IN CONNECTION WITH THE SALECONTRACT. CLIENT MAY NOT ASSERT ANY CLAIM AGAINST FISERV MORE THAN X YEARS AFTER SUCH CLAIM ACCRUED. EXCEPT AS RELATES TO CLAIMS RELATING TO BREACHES OF CONFIDENTIALITY, USECOPYRIGHT INFRINGEMENT, PERFORMANCEAND PERSONAL INJURY, FAILURE OR INTERRUPTIONS OF ITS PRODUCTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENTDEATH, LIPOMATRIXAND PROPERTY DAMAGE, FISERV'S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES HEREUNDER ANY AND ALL CAUSES OF ACTION RELATING TO SERVICES SHALL NOT EXCEED BE LIMITED TO THE PURCHASE PRICE OF TOTAL FEES PAID BY CLIENT TO FISERV FOR SERVICES RESULTING IN SUCH LIABILITY IN THE PRODUCTS PURCHASED DURING X MONTH PERIOD PRECEDING THE TERM OF THIS AGREEMENTDATE THE CLAIM ACCRUED. THE FOREGOING LIMITATIONS SHALL NOT AFFECT EITHER PARTYFISERV'S DUTY TO INDEMNIFY THE OTHER PARTY FOR THIRD-PARTY SUITS FOR SUCH DAMAGES, AS SET FORTH IN SECTIONS VII AND VIII. THE DISCLAIMER OF AGGREGATE LIABILITY FOR DAMAGES WILL NOT A DEFAULT RELATING TO EQUIPMENT OR SOFTWARE SHALL BE AFFECTED IF ANY REMEDY PROVIDED HEREUNDER SHALL FAIL OF ITS ESSENTIAL PURPOSE. DISTRIBUTOR HAS ACCEPTED LIMITED TO THE DISCLAIMER OF LIABILITY AMOUNT PAID BY CLIENT FOR DAMAGES AS PART OF A BARGAIN TO LOWER THE PRICE OF THE PRODUCTS AND UNDERSTANDS THAT THE PRICE OF THE PRODUCTS WOULD BE HIGHER IF LIPOMATRIX WERE REQUIRED TO BEAR ADDITIONAL LIABILITY FOR DAMAGESEQUIPMENT OR SOFTWARE.

IN NO EVENT. WHETHER THE CAUSE OF ACTION BE BASED IN CONTRACT SHALL SONY OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY SHALL EITHER PARTY ITS SUPPLIERS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGE OF ANY KINDPROSPECTIVE PROFITS, OR FOR LOSS OF REVENUESPECIAL, LOSS OF BUSINESS INCIDENTAL OR OTHER FINANCIAL LOSS CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE SALEBREACH OF THIS AGREEMENT BY SCEE), USEWHETHER UNDER THEORY OF CONTRACT, PERFORMANCETORT (INCLUDING NEGLIGENCE), FAILURE INDEMNITY, PRODUCT LIABILITY OR INTERRUPTIONS OF ITS PRODUCTSOTHERWISE. NOTWITHSTANDING ANY OTHER PROVISION OF IN NO EVENT SHALL SONY'S LIABILITY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, LIPOMATRIX'S MAXIMUM INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES HEREUNDER SHALL NOT DIRECT DAMAGES, AND INCLUDING WITHOUT LIMITATION ANY LIABILITY UNDER CLAUSE 11.1, EXCEED THE PURCHASE PRICE PLATFORM CHARGE PAID BY PUBLISHER TO SCEE UNDER CLAUSE 7 WITHIN THE 2 (TWO) YEARS PRIOR TO THE DATE OF THE PRODUCTS PURCHASED DURING FIRST OCCURENCE OF THE TERM OF THIS AGREEMENTEVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS SHALL NOT AFFECT EITHER PARTY'S DUTY TO INDEMNIFY THE OTHER PARTY FOR THIRD-PARTY SUITS FOR SUCH DAMAGES, EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS VII AND VIII. HEREIN, NO SONY ENTITY, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, SHALL BEAR ANY RISK, OR HAVE ANY RESPONSIBILITY OR LIABILITY, OF ANY KIND TO PUBLISHER OR TO ANY THIRD PARTIES WITH RESPECT TO THE DISCLAIMER FUNCTIONALITY AND/OR PERFORMANCE OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREUNDER SHALL FAIL OF ITS ESSENTIAL PURPOSE. DISTRIBUTOR HAS ACCEPTED THE DISCLAIMER OF LIABILITY FOR DAMAGES AS PART OF A BARGAIN TO LOWER THE PRICE OF THE PRODUCTS AND UNDERSTANDS THAT THE PRICE OF THE PRODUCTS WOULD BE HIGHER IF LIPOMATRIX WERE REQUIRED TO BEAR ADDITIONAL LIABILITY FOR DAMAGESLICENSED PRODUCTS.

IN NO EVENT. WHETHER THE CAUSE OF ACTION BE BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY SHALL EITHER PARTY Rift BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR INCIDENTAL, ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGE DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING LOSS OF ANY KINDPROFITS, LOST OR CORRUPTED DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF WHETHER RIFT WAS OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE NATURE OF THE CLAIM OR THE THEORY OF LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL RIFT BE LIABLE TO THE USER, IN AGGREGATE FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT, FOR MONETARY DAMAGES IN EXCESS OF ONE DOLLAR (U.S. $1.00). IF YOU ARE A RIFTER, THE USER AGREES RIFT WILL HAVE NO LIABILITY IN CONNECTION WITH ANY CLAIMS BROUGHT AGAINST USER BY A THIRD-PARTY IN CONNECTION WITH PARTICIPATING IN A SESSION, AND USER AGREE TO HOLD RIFT HARMLESS IN CONNECTION WITH ANY SUCH THIRD-PARTY CLAIM. IN ADDITION, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, you HEREBY RELEASE US FROM ANY LIABILITY RELATED TO (I) ANY LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE SALECONTENT TRANSMITTED THROUGH THE SERVICES, USEINCLUDING, PERFORMANCEWITHOUT LIMITATION, FAILURE ANY INCORRECT OR INTERRUPTIONS INACCURATE INFORMATION, (II) THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ITS PRODUCTSANY USER OF THE SERVICES, (III) ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELECOMMUNICATIONS NETWORK, COMPUTER NETWORK OR SYSTEMS, EQUIPMENT OR SERVICES, (IV) ANY ERROR, OMISSION, INTERRUPTION OR DELAY IN OPERATION OF THE PLATFORM OR RELATED SERVICES, AND (V) ANY LOSS, DESTRUCTION, THEFT, MODIFICATION OR UNAUTHORIZED ACCESS TO ANY CONTENT TRANSMITTED USING THE SERVICES. NOTWITHSTANDING ANY OTHER PROVISION IF THE USER IS A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED THIS SETTLEMENT WITH THE DEBTOR.’ THE USER UNDERSTANDS THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE AN ESSENTIAL BASE OF THIS AGREEMENT, LIPOMATRIX'S MAXIMUM AND WITHOUT THIS LIMITATION OF LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED RIFT WOULD BE UNWILLING TO GRANT you THE PURCHASE PRICE OF THE PRODUCTS PURCHASED DURING THE TERM OF LICENSE AND RIGHTS GRANTED UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS SHALL NOT AFFECT EITHER PARTY'S DUTY TO INDEMNIFY THE OTHER PARTY FOR THIRD-PARTY SUITS FOR SUCH DAMAGES, AS SET FORTH IN SECTIONS VII AND VIII. THE DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREUNDER SHALL FAIL OF ITS ESSENTIAL PURPOSE. DISTRIBUTOR HAS ACCEPTED THE DISCLAIMER OF LIABILITY FOR DAMAGES AS PART OF A BARGAIN TO LOWER THE PRICE OF THE PRODUCTS AND UNDERSTANDS THAT THE PRICE OF THE PRODUCTS WOULD BE HIGHER IF LIPOMATRIX WERE REQUIRED TO BEAR ADDITIONAL LIABILITY FOR DAMAGES...

IN NO EVENT. SHALL QUALCOMM BE LIABLE TO DEVELOPER IN ANY MANNER, UNDER ANY THEORY OF LIABILITY, WHETHER THE CAUSE OF ACTION BE BASED IN CONTRACT OR CONTRACT, TORT (INCLUDING NEGLIGENCE) ), BREACH OF WARRANTY OR OTHER THEORY, FOR ANY OTHER LEGAL OR EQUITABLE THEORY SHALL EITHER PARTY BE LIABLE FOR INCIDENTALINDIRECT, CONSEQUENTIAL, INDIRECTINCIDENTAL, EXEMPLARY, PUNITIVE, STATUTORY OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOSS OF DATA, REGARDLESS OF WHETHER QUALCOMM WAS ADVISED OF OR PUNITIVE DAMAGE WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL, CUMULATIVE LIABILITY OF QUALCOMM REGARDING ANY AND ALL CLAIMS AND CAUSES OF ACTION, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000). THE LIMITATIONS SET FORTH IN THIS PARAGRAPH SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY KIND, OR FOR LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR LIMITED REMEDIES SET FORTH IN CONNECTION WITH THE SALE, USE, PERFORMANCE, FAILURE OR INTERRUPTIONS OF ITS PRODUCTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, LIPOMATRIX'S MAXIMUM LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS PURCHASED DURING THE TERM OF THIS AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS SHALL NOT AFFECT EITHER PARTY'S DUTY TO INDEMNIFY THE OTHER PARTY FOR THIRD-PARTY SUITS FOR SUCH DAMAGES, AS SET FORTH IN SECTIONS VII AND VIII. THE DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREUNDER SHALL FAIL OF ITS THIS PARAGRAPH ARE AN ESSENTIAL PURPOSE. DISTRIBUTOR HAS ACCEPTED THE DISCLAIMER OF LIABILITY FOR DAMAGES AS PART OF A BARGAIN TO LOWER THE PRICE BASIS OF THE PRODUCTS AND UNDERSTANDS THAT BARGAIN BETWEEN THE PRICE OF THE PRODUCTS WOULD BE HIGHER IF LIPOMATRIX WERE REQUIRED TO BEAR ADDITIONAL LIABILITY FOR DAMAGESPARTIES.