Common use of Limitations and Exclusions of Liability and Damages Clause in Contracts

Limitations and Exclusions of Liability and Damages. EXCEPT FOR LIABILITY ARISING FROM (A) A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS PURSUANT TO SECTION 4 OF THIS AGREEMENT AND/OR (B) A VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS AND/OR (C) A PARTY’S INDEMNIFICATION OBLIGATIONS PURSUANT TO SECTION 6 OF THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, (I) NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF OR DAMAGE TO DATA OR SOFTWARE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE BY CUSTOMER TO VERACODE PURSUANT TO THE APPLICABLE ORDER FORM UNDER WHICH THE CLAIM AROSE. Without limiting the foregoing, except to the extent arising from Veracode’s negligence or intentional misconduct, Veracode shall not have any liability for losses, claims or damages for any harm or disruption of Customer’s systems or applications arising out of the penetration tests or simulated attacks which are provided by Veracode as part of the Solution in accordance with the terms of this Agreement.

Limitations and Exclusions of Liability and Damages. EXCEPT FOR LIABILITY ARISING FROM (A) A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS PURSUANT TO SECTION 4 OF THIS AGREEMENT AND/OR (B) A VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS AND/OR (CB) A PARTY’S INDEMNIFICATION OBLIGATIONS PURSUANT TO SECTION 6 OF THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, (I) NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF OR DAMAGE TO DATA OR SOFTWARE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO VERACODE PURSUANT TO THE APPLICABLE ORDER FORM UNDER WHICH THE CLAIM AROSE. Without limiting the foregoing, except to the extent arising from Veracode’s negligence or intentional misconduct, Veracode shall not have any liability for losses, claims or damages for any harm or disruption of Customer’s systems or applications arising out of the penetration tests or simulated attacks which are provided by Veracode as part of the Solution in accordance with the terms of this Agreement.

Limitations and Exclusions of Liability and Damages. EXCEPT FOR LIABILITY ARISING FROM (A) A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS PURSUANT TO SECTION 4 6 OF THIS AGREEMENT AND/OR (B) A VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS AND/OR (C) A PARTY’S INDEMNIFICATION OBLIGATIONS PURSUANT TO SECTION 6 8 OF THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, (I) NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF OR DAMAGE TO DATA OR SOFTWARE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE BY CUSTOMER TO VERACODE PURSUANT TO THE APPLICABLE ORDER FORM UNDER WHICH THE CLAIM AROSE. Without limiting the foregoing, except to the extent arising from Veracode’s negligence or intentional misconduct, Veracode shall not have any liability for losses, claims or damages for any harm or disruption of Customer’s systems or applications arising out of the penetration tests or simulated attacks which are provided by Veracode as part of the a Solution in accordance with the terms of this Agreement.

Limitations and Exclusions of Liability and Damages. EXCEPT FOR LIABILITY ARISING FROM (A) A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS PURSUANT TO SECTION 4 OF THIS AGREEMENT AND/OR (B) A VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS AND/OR (CB) A PARTY’S INDEMNIFICATION OBLIGATIONS PURSUANT TO SECTION 6 OF THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, (I) NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF OR DAMAGE TO DATA OR SOFTWARE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID OR PAYABLE BY CUSTOMER ORDERING ACTIVITY TO VERACODE PURSUANT TO THE APPLICABLE ORDER FORM UNDER WHICH THE CLAIM AROSE. Without limiting the foregoing, except to the extent arising from Veracode’s negligence or intentional misconduct, Veracode shall not have any liability for losses, claims or damages for any harm or disruption of CustomerOrdering activity’s systems or applications arising out of the penetration tests or simulated attacks which are provided by Veracode as part of the Solution in accordance with the terms of this Agreement. The foregoing limitation of 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 excluded by law.