Common use of L imitation of Liability Clause in Contracts

L imitation of Liability. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT SHALL SELLER, ITS AFFILIATES, SUPPLIERS AND SUBCONTRACTORS BE LIABLE TO PURCHASER OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, DOWNTIME COSTS, DELAYS NOR FOR ANY PENALITIES WHETHER ANY SUCH CLAIM FOR THE SAME IS BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. SELLER'S LIABILITY FOR ANY SUCH CLAIMS WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE OR FOR ANY LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, OR FROM ANY DESIGN, SALE, INSTALLATION, OPERATION OR USE OF THE EQUIPMENT OR PERFORMANCE OF ANY SERVICES COVERED BY THIS AGREEMENT, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE PAID TO SELLER BY PURCHASER FOR THE SPECIFIC EQUIPMENT OR PART THEREOF OR FOR THE SERVICES GIVING RISE TO THE CLAIM.

L imitation of Liability. NOTWITHSTANDING ANYTHING TO THE FULLEST EXTENT ALLOWED CONTRARY CONTAINED HEREIN, THE LIABILITY OF XXXXXX UNDER APPLICABLE LAWTHESE TERMS AND CONDITIONS (WHETHER BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE) SHALL NOT EXCEED THE LICENSE FEE OR AGGREGATE SUBSCRIPTION SERVICES FEES PAID BY CUSTOMER FOR SUCH SOFTWARE OR SUBSCRIPTION SERVICES GIVING RISE TO SUCH LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL SELLER, ITS AFFILIATES, SUPPLIERS AND SUBCONTRACTORS XXXXXX BE LIABLE TO PURCHASER OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INDIRECTCONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE OF FACILITIES OR EQUIPMENT, INCIDENTAL OR CONSEQUENTIAL DAMAGESLOSS OF REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USEGOODWILL, THE COSTS OF SUBSTITUTE SOFTWARE OR SERVICES, LOSSES RESULTING FROM ERASURE, DAMAGE, DESTRUCTION OR OTHER LOSS OF FILES, DATA OR PROGRAMS OR THE COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, DOWNTIME COSTS, DELAYS NOR FOR ANY PENALITIES WHETHER ANY RECOVERING SUCH CLAIM FOR THE SAME IS BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. SELLER'S LIABILITY FOR ANY SUCH CLAIMS WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITYINFORMATION, OR OTHERWISE OR FOR ANY LOSS OR DAMAGE ARISING OUT OFOTHER PECUNIARY LOSS), CONNECTED WITH THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, OR FROM ANY DESIGN, SALE, INSTALLATION, OPERATION OR USE REGARDLESS OF WHETHER XXXXXX (a) HAS BEEN INFORMED OF THE EQUIPMENT POSSIBILITY OF SUCH DAMAGES OR PERFORMANCE OF ANY SERVICES COVERED BY THIS AGREEMENT, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE PAID TO SELLER BY PURCHASER FOR THE SPECIFIC EQUIPMENT OR PART THEREOF OR FOR THE SERVICES GIVING RISE TO THE CLAIM(b) IS NEGLIGENT.

L imitation of Liability. TO NEITHER THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAWISP, IN NO EVENT SHALL SELLER, NOR ITS AFFILIATES, SUPPLIERS VENDORS, SUPPLIERS, DISTRIBUTORS, CHANNEL AND SUBCONTRACTORS OTHER MARKETING PARTNERS OR OTHER REPRESENTATIVES SHALL BE LIABLE TO PURCHASER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INDIRECT, INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO REPLACEMENT COSTS, OR ANY LOSS OF REVENUE OR PROFITS, LOSS OF CONTENT, DATA, OR DATA USE, COST EVEN IF THE ISP HAS BEEN INFORMED IN ADVANCE OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, DOWNTIME COSTS, DELAYS NOR FOR ANY PENALITIES WHETHER ANY SUCH CLAIM FOR DAMAGES OR SUCH DAMAGES COULD HAVE REASONABLY BEEN FORESEEN BY THE SAME IS BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISEISP. SELLER'S THE ISP’S AGGREGATE LIABILITY FOR ANY SUCH CLAIMS ALL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE OR FOR ANY LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, OR FROM ANY DESIGN, SALE, INSTALLATION, OPERATION OR USE OF THE EQUIPMENT OR PERFORMANCE OF ANY SERVICES COVERED BY THIS AGREEMENTOTHERWISE, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE TOTAL AMOUNTS ACTUALLY PAID TO SELLER BY PURCHASER FOR THE SPECIFIC EQUIPMENT OR PART THEREOF OR FOR ISP UNDER THIS AGREEMENT IN THE SERVICES TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO A CLAIM SUBJECT TO THIS SECTION. THE CLAIMPARTIES ACKNOWLEDGE AND ACCEPT THE REASONABLENESS OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION.

L imitation of Liability. NOTWITHSTANDING ANYTHING TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAWCONTRARY, IN NO EVENT SHALL SELLER, ITS AFFILIATES, SUPPLIERS AND SUBCONTRACTORS WILL Dataplazma BE LIABLE TO PURCHASER UNDER OR TO IN CONNECTION WITH THIS AGREEMENT UNDER ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL LEGAL OR CONSEQUENTIAL DAMAGESEQUITABLE THEORY, INCLUDING BUT NOT LIMITED TO LOSS BREACH OF PROFITS, LOSS OF USE, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, DOWNTIME COSTS, DELAYS NOR FOR ANY PENALITIES WHETHER ANY SUCH CLAIM FOR THE SAME IS BASED ON CONTRACT, WARRANTY, TORT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. SELLER'S LIABILITY FOR ANY SUCH CLAIMS WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (I) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (II) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (III) LOSS OF GOODWILL OR REPUTATION; (IV) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (V) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER Dataplazma WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE OR FOR ANY LOSS OR DAMAGE FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT WILL Dataplazma’S AGGREGATE LIABILITY ARISING OUT OF, CONNECTED WITH THIS AGREEMENT OF AND/OR THE PERFORMANCE OR BREACH THEREOF, OR FROM ANY DESIGN, SALE, INSTALLATION, OPERATION OR USE OF THE EQUIPMENT OR PERFORMANCE OF ANY SERVICES COVERED BY RELATED TO THIS AGREEMENT, SHALL IN NO EVENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE PURCHASE PRICE TOTAL AMOUNTS PAID TO SELLER BY PURCHASER FOR Dataplazma UNDER THIS AGREEMENT IN THE SPECIFIC EQUIPMENT OR PART THEREOF OR FOR TRAILING TWELVE (12) MONTH PERIOD PRECEDING THE SERVICES EVENT GIVING RISE TO THE APPLICABLE CLAIM.

L imitation of Liability. TO THE FULLEST MAXIMUM EXTENT ALLOWED UNDER PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELLER, THE ENTIRE LIABILITY OF ZUMASYS AND ITS AFFILIATES, SUPPLIERS AGENTS FOR ALL MATTERS AND SUBCONTRACTORS CLAIMS RELATING TO THIS AGREEMENT WILL BE LIABLE TO PURCHASER OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, DOWNTIME COSTS, DELAYS NOR FOR ANY PENALITIES WHETHER ANY SUCH CLAIM THE AMOUNT THE LICENSEE PAID FOR THE SAME IS BASED ON CONTRACTSOFTWARE DURING THE 12 MONTHS PRIOR TO THE DATE THE CLAIM AROSE. ADDITIONALLY, WARRANTYSUBJECT TO APPLICABLE LAW, TORTZUMASYS AND ITS AGENTS WILL NOT BE LIABLE, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. SELLER'S LIABILITY FOR ANY SUCH CLAIMS WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITYOR OTHERWISE, FOR (A) INDIRECT, SPECIAL, INCIDENTAL, OR OTHERWISE CONSEQUENTIAL DAMAGES; OR FOR ANY (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR DAMAGE ARISING OUT OFTHEFT OF DATA, CONNECTED WITH THIS AGREEMENT VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR THE PERFORMANCE OR BREACH THEREOFINVESTMENT, OR FROM ANY DESIGN, SALE, INSTALLATION, OPERATION OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET ZUMASYS SYSTEM REQUIREMENTS. THE EQUIPMENT ABOVE LIMITATIONS APPLY REGARDLESS OF WHETHER ZUMASYS OR PERFORMANCE ITS AGENTS HAD KNOWLEDGE OF ANY SERVICES COVERED BY THIS AGREEMENT, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE PAID TO SELLER BY PURCHASER FOR POSSIBILITY OF THE SPECIFIC EQUIPMENT LOSS OR PART THEREOF OR FOR THE SERVICES GIVING RISE TO THE CLAIMDAMAGE.

L imitation of Liability. NOTWITHSTANDING ANYTHING TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAWCONTRARY, IN NO EVENT SHALL SELLEREXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS AFFILIATES, SUPPLIERS AND SUBCONTRACTORS BE LIABLE TO PURCHASER OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (INCLUDING BUT NOT LIMITED TO LOSS ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF PROFITS, LOSS OF USE, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, DOWNTIME COSTS, DELAYS NOR FOR THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY PENALITIES WHETHER ANY SUCH CLAIM FOR THE SAME IS BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. SELLER'S LIABILITY OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY SUCH CLAIMS WHETHER IN CONTRACTINDIRECT, WARRANTYEXEMPLARY, NEGLIGENCEINCIDENTAL, TORT, STRICT LIABILITY, SPECIAL OR OTHERWISE OR CONSEQUENTIAL DAMAGES; (C) FOR ANY LOSS MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR DAMAGE ARISING OUT OF(D) FOR ANY AMOUNTS THAT, CONNECTED TOGETHER WITH THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOFAMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, OR FROM ANY DESIGN, SALE, INSTALLATION, OPERATION OR USE OF THE EQUIPMENT OR PERFORMANCE OF ANY SERVICES COVERED BY THIS AGREEMENT, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE FEES PAID BY CUSTOMER TO SELLER BY PURCHASER FOR THE SPECIFIC EQUIPMENT OR PART THEREOF OR COMPANY FOR THE SERVICES GIVING UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE CLAIMLIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.