Common use of Limitation of Liability; Exclusion of Consequential Damages Clause in Contracts

Limitation of Liability; Exclusion of Consequential Damages. The cumulative liability of Gurobi to You for any and all claims relating to the Product and any services rendered under this Agreement shall not exceed the total amount of all License and Maintenance and Support fees paid to Gurobi for the Product within the prior year. This limitation shall not apply to the indemnification provided in Section 8. In no event shall Gurobi be liable to You for any consequential, indirect, special, or incidental damages, even if Gurobi has been advised of the possibility of such potential loss or damage. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies, but may not be applicable in some jurisdictions.

Appears in 11 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

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Limitation of Liability; Exclusion of Consequential Damages. The cumulative liability of Gurobi to You you for any and all claims relating to the Product Product(s) and any services rendered under this Agreement shall not exceed the total amount of all License and Maintenance and Support fees Fees paid to Gurobi for the Product Product(s) within the prior year. This limitation shall not apply to the indemnification provided in Section 88 (”Indemnification”). In no event shall Gurobi be liable to You you for any consequential, indirect, special, or incidental damages, even if Gurobi has been advised of the possibility of such potential loss or damage. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies, but may not be applicable in some jurisdictions.

Appears in 9 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

Limitation of Liability; Exclusion of Consequential Damages. The cumulative liability of Gurobi to You you for any and all claims relating to the Product Product(s) and any services rendered under this Agreement shall not exceed the total amount of all License and Maintenance and Support fees Fees paid to Gurobi for the Product Product(s) within the prior year. This limitation shall not apply to the indemnification provided in Section 88 (”Indemnification”). In no event shall Gurobi be liable to You you for any consequential, indirect, special, or incidental damages, even if Gurobi Xxxxxx has been advised of the possibility of such potential loss or damage. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies, but may not be applicable in some jurisdictions.

Appears in 3 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

Limitation of Liability; Exclusion of Consequential Damages. The cumulative liability of Gurobi to You for any and all claims relating to the Product and any services rendered under this Agreement shall not exceed the total amount of all License and Maintenance and Support fees paid to Gurobi for the Product within the prior year. This limitation shall not apply to the indemnification provided in Section 8. In no event shall Gurobi be liable to You for any consequential, indirect, special, or incidental damages, even if Gurobi Xxxxxx has been advised of the possibility of such potential loss or damage. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies, but may not be applicable in some jurisdictions.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

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Limitation of Liability; Exclusion of Consequential Damages. The cumulative liability of Gurobi to You for any and all claims relating to the Product and any services rendered under this Agreement shall not exceed the total amount of all License and Maintenance and Support fees paid to Gurobi for the Product within the prior year. This limitation shall not apply to the indemnification provided in Section 8. In no event shall Gurobi be liable to You for any consequential, indirect, special, or incidental damages, even if Gurobi has been advised of the possibility of such potential loss or damage. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies, but may not be applicable in some jurisdictions.. . OWNERSHIP

Appears in 1 contract

Samples: End User License Agreement

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