No Indemnification Generally Sample Clauses

No Indemnification Generally. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall MARKETO be liable to Customer for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this Agreement or out of the use (or Use) or inability to use (or Use) the Software (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Customer has been advised of the possibility of such damages.