Common use of LIMITATION OF LIABILITY; DISCLAIMER Clause in Contracts

LIMITATION OF LIABILITY; DISCLAIMER. A. IN NO EVENT SHALL CAMPUSLOGIC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER FOR THE CURRENT ANNUAL PERIOD IN WHICH THE INCIDENT OCCURRED. IN NO EVENT SHALL CAMPUSLOGIC HAVE ANY LIABILITY FOR ANY LOST PROFITS OR REVENUES OR ANY BUSINES INTERRUPTION OR DELAY OR LOSS OF DATA OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, ANY PROMOTIONS OR RELATED DONATIONS MADE THROUGH THE SERVICES, OR ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES. THE FOREGOING SHALL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

LIMITATION OF LIABILITY; DISCLAIMER. A. IN (c) Liability. UNDER NO EVENT CIRCUMSTANCES SHALL CAMPUSLOGIC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED EITHER PARTY BE LIABLE TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY THE OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER PARTY FOR THE CURRENT ANNUAL PERIOD IN WHICH THE INCIDENT OCCURRED. IN NO EVENT SHALL CAMPUSLOGIC HAVE ANY LIABILITY FOR ANY LOST PROFITS OR REVENUES OR ANY BUSINES INTERRUPTION OR DELAY OR LOSS OF DATA OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIALCONSEQUENTAL, SPECIAL OR PUNITIVE EXEMPLARY DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. INFOSPACE’S LIABILITY (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE AND RESULTING FROM NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OF INFOSPACE) UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF THE USE PRODUCTS, SOFTWARE OR INABILITY TO USE THE SERVICESSERVICES RENDERED BY INFOSPACE UNDER THIS AGREEMENT (INCLUDING ANY SERVER OROTHER HARDWARE, SOFTWARE AND ANY PROMOTIONS OTHER ITEMS USED OR RELATED DONATIONS MADE THROUGH THE SERVICES, PROVIDED BY INFOSPACE OR ANY STATEMENTS THIRD PARTIES IN CONNECTION WITH HOSTING THE CO-BRANDED PAGES), THE INFOSPACE WEB SITES AND ANY OTHER ITEMS OR CONDUCT OF SERVICES FURNISHED UNDER THIS AGREEMENT IN NO EVENT WILL EXCEED THE COMPENSATION PAID BY COMPANY TO INFOSPACE UNDER THIS AGREEMENT, PLUS ANY THIRD PARTY ON UNPAID AMOUNTS DUE AND PAYABLE BY COMPANY AT THE SERVICES. THE FOREGOING SHALL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSETIME SUCH LIABILITY AROSE.

LIMITATION OF LIABILITY; DISCLAIMER. A. IN (a) Liability. UNDER NO EVENT CIRCUMSTANCES SHALL CAMPUSLOGIC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED EITHER PARTY BE LIABLE TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY THE OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER PARTY FOR THE CURRENT ANNUAL PERIOD IN WHICH THE INCIDENT OCCURRED. IN NO EVENT SHALL CAMPUSLOGIC HAVE ANY LIABILITY FOR ANY LOST PROFITS OR REVENUES OR ANY BUSINES INTERRUPTION OR DELAY OR LOSS OF DATA OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE EXEMPLARY DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. INFOSPACE'S LIABILITY (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE AND RESULTING FROM NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OF INFOSPACE) UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF THE USE PRODUCTS OR INABILITY TO USE SERVICES RENDERED BY THE SERVICESPARTIES UNDER THIS AGREEMENT (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY PROMOTIONS OTHER ITEMS USED OR RELATED DONATIONS MADE THROUGH PROVIDED BY THE SERVICES, PARTIES OR ANY STATEMENTS THIRD PARTIES IN CONNECTION WITH HOSTING THE CO-BRANDED PAGES OR CONDUCT OF PROVIDING CONTENT), THE PARTIES' WEB SITES AND ANY THIRD OTHER ITEMS OR SERVICES FURNISHED UNDER THIS AGREEMENT. IN NO EVENT WILL EITHER PARTYS' AGGREGATE LIABILITY TO THE OTHER PARTY ON UNDER THIS AGREEMENT EXCEED THE SERVICES. COMPENSATION PAID THE FOREGOING SHALL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSEPARTY UNDER THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER. A. IN (a) LIABILITY. UNDER NO EVENT CIRCUMSTANCES SHALL CAMPUSLOGIC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED EITHER PARTY BE LIABLE TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY THE OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER PARTY FOR THE CURRENT ANNUAL PERIOD IN WHICH THE INCIDENT OCCURRED. IN NO EVENT SHALL CAMPUSLOGIC HAVE ANY LIABILITY FOR ANY LOST PROFITS OR REVENUES OR ANY BUSINES INTERRUPTION OR DELAY OR LOSS OF DATA OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR PUNITIVE EXEMPLARY DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT FOR LIABILITIES TO PAY AMOUNTS DUE, EITHER PARTY'S LIABILITY (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE AND RESULTING FROM NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OF SUCH PARTY) UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF THE USE PRODUCTS OR INABILITY SERVICES RENDERED BY EITHER PARTY UNDER THIS AGREEMENT, THE CONTENT AND ANY OTHER ITEMS OR SERVICES FURNISHED UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE COMPENSATION PAID BY ATTWS TO USE THE SERVICES, ANY PROMOTIONS OR RELATED DONATIONS MADE THROUGH THE SERVICES, OR ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES. THE FOREGOING SHALL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSEBOLT UNDER THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER. A. 8.1 Limitation of Liability. EXCEPT FOR OBLIGATIONS ARISING UNDER ARTICLE X OR FOR ANY BREACHES OF ARTICLES III OR VI ABOVE, IN NO EVENT SHALL CAMPUSLOGIC’S AGGREGATE EITHER PARTY HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR FOR INTERRUPTED COMMUNICATIONS, RE-RUN TIME, INACCURATE INPUT, WORK DELAYS, LOST DATA OR LOST PROFITS, ARISING OUT OF OR RELATED TO IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACTTHE APPLICATION SERVICES OR THE USE OF THE APPLICATION SERVICES BY CUSTOMER, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER FOR THE CURRENT ANNUAL PERIOD IN WHICH THE INCIDENT OCCURRED. IN NO EVENT SHALL CAMPUSLOGIC HAVE ANY LIABILITY FOR ANY LOST PROFITS OR REVENUES OR ANY BUSINES INTERRUPTION OR DELAY OR LOSS OF DATA OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY EVEN IF EXALT HAS BEEN ADVISED OF OR (OR KNOWS OR SHOULD KNOW OF) THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, AND RESULTING FROM IN NO EVENT SHALL EXALT’S LIABILITY UNDER THIS AGREEMENT, INCLUDING FOR DIRECT DAMAGES, EXCEED THE USE OR INABILITY TO USE THE SERVICES, ANY PROMOTIONS OR RELATED DONATIONS MADE THROUGH THE SERVICES, OR ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICESAMOUNT EXALT HAS BEEN PAID BY CUSTOMER UNDER THIS AGREEMENT. THE FOREGOING SHALL NOT LIMIT CUSTOMERLIMITATION ON EXALT’S PAYMENT OBLIGATIONSLIABILITY IS CUMULATIVE, WITH ALL PAYMENTS TO CUSTOMER FOR CLAIMS OR DAMAGES UNDER THIS AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING EXISTENCE OF ONE OR MORE CLAIMS OR SUITS WILL NOT ENLARGE THE FAILURE LIMIT. THESE LIMITATIONS APPLY TO ALL CAUSES OF ANY AGREED ACTION UNDER OR OTHER REMEDY OF ITS ESSENTIAL PURPOSERELATING TO THIS AGREEMENT (CONTRACT, TORT OR OTHERWISE).

LIMITATION OF LIABILITY; DISCLAIMER. A. IN (a) Liability. UNDER NO EVENT CIRCUMSTANCES SHALL CAMPUSLOGIC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED EITHER PARTY BE LIABLE TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY THE OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER PARTY FOR THE CURRENT ANNUAL PERIOD IN WHICH THE INCIDENT OCCURRED. IN NO EVENT SHALL CAMPUSLOGIC HAVE ANY LIABILITY FOR ANY LOST PROFITS OR REVENUES OR ANY BUSINES INTERRUPTION OR DELAY OR LOSS OF DATA OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE EXEMPLARY DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EITHER PARTY'S LIABILITY (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE AND RESULTING FROM NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OP INFOSPACE) UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF THE USE PRODUCTS OR INABILITY TO USE THE SERVICESSERVICES RENDERED BY INFOSPACE UNDER THIS AGREEMENT (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY PROMOTIONS OTHER ITEMS USED OR RELATED DONATIONS MADE THROUGH THE SERVICES, PROVIDED FLY INFOSPACE OR ANY STATEMENTS OTHER PARTIES IN CONNECTION WITH HOSTING THE CO-BRAND) PAGES), THE INFOSPACE WEB SITES AND ANY OTHER ITEMS OR CONDUCT OF ANY THIRD PARTY ON SERVICES FURNISHED UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE SERVICES. THE FOREGOING SHALL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSECOMPENSATION PAID BY COMPANY TO INFOSPACE UNDER THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER. A. IN (a) Liability. UNDER NO EVENT CIRCUMSTANCES SHALL CAMPUSLOGIC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED EITHER PARTY BE LIABLE TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY THE OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER PARTY FOR THE CURRENT ANNUAL PERIOD IN WHICH THE INCIDENT OCCURRED. IN NO EVENT SHALL CAMPUSLOGIC HAVE ANY LIABILITY FOR ANY LOST PROFITS OR REVENUES OR ANY BUSINES INTERRUPTION OR DELAY OR LOSS OF DATA OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE EXEMPLARY DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OR REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. NEITHER INFOSPACE NOR COMPANY'S LIABILITY (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE AN NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OF SUCH PARTY) UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF THE PRODUCTS OR SERVICES RENDERED BY EITHER PARTY UNDER THIS AGREEMENT (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND RESULTING FROM THE USE ANY OTHER ITEMS USED OR INABILITY TO USE THE SERVICESPROVIDED BY INFOSPACE, ANY PROMOTIONS OR RELATED DONATIONS MADE THROUGH THE SERVICESCOMPANY, OR ANY STATEMENTS THIRD PARTIES IN CONNECTION WITH HOSTING THE CO-BRANDED PAGES OR CONDUCT OF PROVIDING CONTENT), THE INFOSPACE WEB SITES AND ANY THIRD PARTY ON OTHER ITEMS OR SERVICES FURNISHED UNDER THIS AGREEMENT. IN NO EVENT WILL INFOSPACE OR COMPANY'S AGGREGATE LIABILITY TO THE SERVICES. OTHER UNDER THIS AGREEMENT EXCEED THE FOREGOING SHALL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSECOMPENSATION PAID BY COMPANY TO INFOSPACE UNDER THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER. A. IN 7.1 Liability. UNDER NO EVENT CIRCUMSTANCES SHALL CAMPUSLOGIC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED EITHER PARTY BE LIABLE TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY THE OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER PARTY FOR THE CURRENT ANNUAL PERIOD IN WHICH THE INCIDENT OCCURRED. IN NO EVENT SHALL CAMPUSLOGIC HAVE ANY LIABILITY FOR ANY LOST PROFITS OR REVENUES OR ANY BUSINES INTERRUPTION OR DELAY OR LOSS OF DATA OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE EXEMPLARY DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND RESULTING ARISING FROM BREACH OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICESAOL NETWORK OR LICENSED SOFTWARE, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS (COLLECTIVELY, “DISCLAIMED DAMAGES”); PROVIDED THAT VIEWPOINT SHALL REMAIN LIABLE TO AOL TO THE EXTENT ANY PROMOTIONS OR RELATED DONATIONS MADE THROUGH THE SERVICES, OR ANY STATEMENTS OR CONDUCT OF ANY DISCLAIMED DAMAGES ARE AWARDED TO A THIRD PARTY ON THE SERVICESOR INCLUDED IN A SETTLEMENT AND ARE SUBJECT TO INDEMNIFICATION BELOW. THE FOREGOING AOL SHALL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS. BE LIABLE TO VIEWPOINT WITH RESPECT TO THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING LICENSED SOFTWARE FOR ANY AMOUNT IN EXCESS OF THE FAILURE GREATER OF ANY AGREED (A) THE AGGREGATE AMOUNTS PAYABLE HEREUNDER IN THE YEAR IN WHICH THE EVENT GIVING RISE TO SUCH LIABILITY OCCURRED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE(B) $100,000.

LIMITATION OF LIABILITY; DISCLAIMER. A. IN (a) Liability. UNDER NO EVENT CIRCUMSTANCES SHALL CAMPUSLOGIC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED EITHER PARTY BE LIABLE TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY THE OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER PARTY FOR THE CURRENT ANNUAL PERIOD IN WHICH THE INCIDENT OCCURRED. IN NO EVENT SHALL CAMPUSLOGIC HAVE ANY LIABILITY FOR ANY LOST PROFITS OR REVENUES OR ANY BUSINES INTERRUPTION OR DELAY OR LOSS OF DATA OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE EXEMPLARY DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. NEITHER INFOSPACE'S NOR COMPANY'S LIABILITY (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE AND RESULTING FROM NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OF SUCH PARTY) UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF THE USE PRODUCTS OR INABILITY TO USE THE SERVICESSERVICES RENDERED BY EITHER PARTY UNDER THIS AGREEMENT (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY PROMOTIONS OTHER ITEMS USED OR RELATED DONATIONS MADE THROUGH THE SERVICES, PROVIDED BY INFOSPACE OR ANY STATEMENTS THIRD PARTIES IN CONNECTION WITH HOSTING THE PHONE SITE), THE INFOSPACE WEB SITES, THE CONTENT AND ANY OTHER ITEMS OR CONDUCT OF ANY THIRD PARTY ON SERVICES FURNISHED UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE SERVICES. THE FOREGOING SHALL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED COMPENSATION PAID OR OTHER REMEDY OF ITS ESSENTIAL PURPOSEPAYABLE BY COMPANY TO INFOSPACE UNDER THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER. A. IN (a) Liability. UNDER NO EVENT CIRCUMSTANCES SHALL CAMPUSLOGIC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED EITHER PARTY BE LIABLE TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY THE OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER PARTY FOR THE CURRENT ANNUAL PERIOD IN WHICH THE INCIDENT OCCURRED. IN NO EVENT SHALL CAMPUSLOGIC HAVE ANY LIABILITY FOR ANY LOST PROFITS OR REVENUES OR ANY BUSINES INTERRUPTION OR DELAY OR LOSS OF DATA OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE EXEMPLARY DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. INFOSPACE'S LIABILITY (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE AND RESULTING FROM NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OF INFOSPACE) UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF THE USE PRODUCTS OR INABILITY TO USE THE SERVICESSERVICES RENDERED BY INFOSPACE UNDER THIS AGREEMENT (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY PROMOTIONS OTHER ITEMS USED OR RELATED DONATIONS MADE THROUGH THE SERVICES, PROVIDED BY INFOSPACE OR ANY STATEMENTS THIRD PARTIES IN CONNECTION WITH HOSTING THE CO-BRANDED PAGES), THE INFOSPACE WEB SITES AND ANY OTHER ITEMS OR CONDUCT OF ANY THIRD PARTY ON SERVICES FURNISHED UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE SERVICES. THE FOREGOING SHALL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSECOMPENSATION PAID BY COMPANY TO INFOSPACE UNDER THIS AGREEMENT.

LIMITATION OF LIABILITY; DISCLAIMER. A. IN (a) Liability. UNDER NO EVENT CIRCUMSTANCES SHALL CAMPUSLOGIC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED EITHER PARTY BE LIABLE TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY THE OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER PARTY FOR THE CURRENT ANNUAL PERIOD IN WHICH THE INCIDENT OCCURRED. IN NO EVENT SHALL CAMPUSLOGIC HAVE ANY LIABILITY FOR ANY LOST PROFITS OR REVENUES OR ANY BUSINES INTERRUPTION OR DELAY OR LOSS OF DATA OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE EXEMPLARY DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EITHER PARTY'S LIABILITY, EXCEPT FOR CLAIMS RELATING TO INFRINGEMENT OF A PARTY'S INTELLECTUAL PROPERTY RIGHTS (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE AND RESULTING FROM NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OF INFOSPACE) UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF THE USE PRODUCTS OR INABILITY TO USE THE SERVICESSERVICES RENDERED BY INFOSPACE UNDER THIS AGREEMENT (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY PROMOTIONS OTHER ITEMS USED OR RELATED DONATIONS MADE THROUGH THE SERVICES, PROVIDED BY INFOSPACE OR ANY STATEMENTS THIRD PARTIES IN CONNECTION WITH HOSTING THE CO-BRAND PAGES), THE INFOSPACE WEB SITES AND ANY OTHER ITEMS OR CONDUCT OF ANY THIRD PARTY ON SERVICES FURNISHED UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE SERVICES. THE FOREGOING SHALL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSECOMPENSATION PAID BY COMPANY TO INFOSPACE UNDER THIS AGREEMENT.