Common use of Licensee’s Responsibility Clause in Contracts

Licensee’s Responsibility. LICENSEE hereby indemnifies ETPL and ETPL’s affiliates (including A*STAR and the research institutes funded and managed by A*STAR) against any loss, damages, costs, expenses or other claim for compensation which arises out of or in connection with this Agreement, or which in any way relates to the Technology, or its use by LICENSEE. including any claim that LICENSEE’S use of the Technology infringes the Intellectual Property rights of any third party, except to the extent when caused by the willful misconduct of ETPL. For avoidance of doubt, in no event shall ETPL be liable for any incidental, consequential or special damages arising out of or related to this Agreement, including, but not limited to, loss of business opportunity, lost profits or pure economic loss. Notwithstanding anything to the contrary, ETPL’s total and cumulative liability under this Agreement, however arising, shall not exceed any monetary amount that LICENSEE has actually paid to ETPL pursuant to this Agreement.