Limitation of Remedies and Damages. To the extent not prohibited by law and except for liabilities directly resulting from Licensor’s gross negligence or willful misconduct, (a) Licensor shall not be liable to the licensee under this agreement on any claim (whether in contract, tort, or otherwise) arising out of or relating to this agreement or any access to or use of XxxXX; and (b) in no event shall Licensor be liable to the licensee for any claim (whether in contract, tort, or otherwise) for any consequential, incidental, or indirect damages, including without limitation damages for loss of business profits and/or business interruption, including but not limited to damages for lost data, or costs of procurement of substitute goods or services, however caused, whether foreseeable or not, arising out of this agreement, even if Licensor has been advised of the possibility of such damages. Licensor’s liability for any loss or damage suffered by the Licensee as a result of Licensor’s negligence or failure to comply with these terms of use shall be limited in respect of any one incident, or series of connected incidents, to the fees paid by the Licensee in the previous twelve (12) months.
Appears in 6 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
