Common use of Liability Exclusion Clause in Contracts

Liability Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, THE USER AGREES THAT UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO THE USER, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH THE USER, FOR ANY INCONVENIENCE, DIRECT OR INDIRECT DAMAGES, INCLUDING ANY LOSS OF PROFITS OR OTHER DAMAGES (“LOSSES”), WHETHER ARISING OUT OF THIS AGREEMENT, STATUTE OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THOSE, CAUSING USER’S INABILITY TO ACCESS OR USE THE PLATFORM DURING ANY DOWNTIME, OUTAGE OR DISCONTINUANCE OF THE PLATFORM, WHETHER OR NOT THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN SUCH A CASE NOTHING IN THESE TERMS OF SERVICE WILL BE CONSTRUED TO OBLIGATE THE COMPANY TO MAINTAIN AND SUPPORT OF THE PLATFORM OR TO SUPPLY ANY CORRECTIONS, UPDATES, OR RELEASES IN CONNECTION THEREWITH.

Liability Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, THE USER AGREES THAT UNDER NO CIRCUMSTANCES SHALL THE COMPANY NEITHER PARTY WILL BE LIABLE TO THE USEROTHER PARTY (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM SUCH OTHER PARTY’S RIGHTS) FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH THE USER, FOR ANY INCONVENIENCELOST REVENUES OR PROFITS, DIRECT OR INDIRECT DAMAGES, INCLUDING ANY LOSS OF PROFITS USE, LOSS OF COST OR OTHER DAMAGES SAVINGS, LOSS OF DATA, OR LOSS OF GOODWILL OR REPUTATION, WITH RESPECT TO ANY CLAIMS BASED ON CONTRACT, TORT OR OTHERWISE (“LOSSES”), WHETHER INCLUDING NEGLIGENCE AND STRICT LIABILITY) ARISING OUT OF THIS AGREEMENT, STATUTE OR RELATING TO THE PRODUCTS OR OTHERWISE ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY ORDER), REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN CONNECTION WITH THOSE, CAUSING USER’S INABILITY TO ACCESS OR USE THE PLATFORM DURING ANY DOWNTIME, OUTAGE OR DISCONTINUANCE OF THE PLATFORM, WHETHER OR NOT THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGESTHEREOF. IN SUCH A CASE NOTHING IN THESE TERMS OF SERVICE WILL BE CONSTRUED TO OBLIGATE THE COMPANY TO MAINTAIN EACH PARTY DISCLAIMS ALL LIABILITY AND SUPPORT OF THE PLATFORM INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR TO SUPPLY DAMAGES CAUSED BY ANY CORRECTIONS, UPDATES, OR RELEASES IN CONNECTION THEREWITHTHIRD-PARTY HOSTING PROVIDERS.

Liability Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, THE USER AGREES THAT UNDER NO CIRCUMSTANCES SHALL THE COMPANY FLASHPOINT WILL NOT BE LIABLE TO THE USERORDERING ACTIVITY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY OTHER PERSON KIND (INCLUDING WITHOUT LIMITATION LOST REVENUES OR ENTITY CLAIMING THROUGH THE USERPROFITS, FOR ANY INCONVENIENCE, DIRECT OR INDIRECT DAMAGES, INCLUDING ANY LOSS OF PROFITS GOODWILL OR OTHER DAMAGES (“LOSSES”)REPUTATION) WITH RESPECT TO ANY CLAIMS BASED ON CONTRACT, WHETHER TORT OR ARISING OUT OF THIS AGREEMENTOR RELATING TO THE SERVICES, STATUTE THE DATA, THE UPDATES, THE FLASHPOINT REPORTS, THE SUPPORT SERVICES, THE DOCUMENTATION, ORDERING ACTIVITY SERVICES, ORDERING ACTIVITY REPORTS, OR OTHERWISE ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN CONNECTION WITH THOSE, CAUSING USER’S INABILITY TO ACCESS OR USE THE PLATFORM DURING ANY DOWNTIME, OUTAGE OR DISCONTINUANCE OF THE PLATFORM, WHETHER OR NOT THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED FACT KNEW OF THE POSSIBILITY THEREOF. THE FOREGOING LIMITATION OF SUCH DAMAGES. IN SUCH A CASE NOTHING IN THESE TERMS OF SERVICE WILL LIABILITY SHALL NOT APPLY TO (1) PERSONAL INJURY OR DEATH RESULTING FROM LICENSOR’S NEGLIGENCE; (2) FOR FRAUD; OR (3) FOR ANY OTHER MATTER FOR WHICH LIABILITY CANNOT BE CONSTRUED TO OBLIGATE THE COMPANY TO MAINTAIN AND SUPPORT OF THE PLATFORM OR TO SUPPLY ANY CORRECTIONS, UPDATES, OR RELEASES IN CONNECTION THEREWITHEXCLUDED BY LAW.

Liability Exclusion. EXCEPT WITH REGARD TO THE MAXIMUM EXTENT PERMITTED BY THE LAWBREACH OF CONFIDENTIALITY OBLIGATIONS HEREUNDER, THE USER AGREES THAT UNDER NO CIRCUMSTANCES NEITHER PARTY SHALL THE COMPANY BE LIABLE TO THE USEROTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH THE USERDAMAGES FOR LOSS OF BUSINESS, FOR ANY INCONVENIENCE, DIRECT OR INDIRECT DAMAGES, INCLUDING ANY LOSS OF PROFITS OR OTHER DAMAGES (“LOSSES”)THE LIKE, WHETHER ARISING OUT OF THIS AGREEMENT, STATUTE OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THOSERELATING TO THIS AGREEMENT OR SUCH PARTY’S PERFORMANCE HEREUNDER, CAUSING USER’S INABILITY TO ACCESS THE LICENSED IP, OR USE THE PLATFORM DURING ANY DOWNTIMELICENSED PRODUCT, OUTAGE OR DISCONTINUANCE OF THE PLATFORM, WHETHER OR NOT THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN SUCH A CASE NOTHING IN THESE TERMS OF SERVICE WILL BE CONSTRUED TO OBLIGATE THE COMPANY TO MAINTAIN DAMAGES AND SUPPORT REGARDLESS OF THE PLATFORM CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. TRIGONE’S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO SUPPLY ANY CORRECTIONS, UPDATES, OR RELEASES THE VALUE OF THE PAYMENTS AND THE RESTRICTED RELMADA COMMON STOCK PROVIDED TO TRIGONE IN CONNECTION THEREWITHWITH THIS AGREEMENT. RELMADA’S LIABILTY UNDER THIS AGREEMENT IS LIMITED TO THE AMOUNTS PAYABLE BY RELMADA UNDER THIS AGREEMENT.