Common use of NO LIABILITY FOR DAMAGES Clause in Contracts

NO LIABILITY FOR DAMAGES. IN NO EVENT SHALL THE VENDOR OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, DIRECT, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING FAULT, NEGLIGENCE AND THE FAILURE OF THE ESSENTIAL PURPOSE. REGARDLESS OF THE CAUSE OR FORM OF THE ACTION, THE VENDOR'S AGGREGATE LIABILITY TO THE CLIENT FOR ACTUAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT OF THE LICENSE FEE, IF ANY, PAID BY THE CLIENT TO THE VENDOR FOR THE USE OF THE SOFTWARE. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE CLIENT.

NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE VENDOR OR ITS SUPPLIERS XXXXXXX BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, DIRECTCONSEQUENTIAL, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARETOOLS REPAIRED, EVEN IF XXXXXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING FAULTDAMAGES. IN ANY CASE, NEGLIGENCE AND THE FAILURE XXXXXXX’X ENTIRE LIABILITY UNDER ANY PROVISION OF THE ESSENTIAL PURPOSE. REGARDLESS OF THE CAUSE OR FORM OF THE ACTION, THE VENDOR'S AGGREGATE LIABILITY TO THE CLIENT FOR ACTUAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT OF THE LICENSE FEE, IF ANY, ACTUALLY PAID BY THE CLIENT TO THE VENDOR CUSTOMER FOR THE USE OF THE SOFTWAREREPAIR SERVICES AND/OR PARTS. BECAUSE SOME STATES/COUNTRIES JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE CLIENTYOU.

NO LIABILITY FOR DAMAGES. IN NO EVENT SHALL THE VENDOR WAVES, ITS SUPPLIERS, OR ITS SUPPLIERS LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, DIRECT, INDIRECT, SPECIAL AND PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARESOFTWARE OR ARISING OUT OF ANY SUPPORT SERVICES, EVEN IF WAVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING FAULT, NEGLIGENCE AND THE FAILURE OF THE ESSENTIAL PURPOSE. REGARDLESS OF THE CAUSE OR FORM OF THE ACTION, THE VENDOR'S AGGREGATE LIABILITY TO THE CLIENT FOR ACTUAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT OF THE LICENSE FEE, IF ANY, PAID BY THE CLIENT TO THE VENDOR FOR THE USE OF THE SOFTWAREDAMAGES. BECAUSE SOME STATES/COUNTRIES JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU; IN SUCH A CASE, THEN THE CLIENTAGGREGATE LIABILITY FOR ANY CLAIMS, LOSSES, OR DAMAGES SHALL NOT EXCEED US $2,500. THE FOREGOING LIMITATION OF LIABILITY IS COMPLETE AND EXCLUSIVE, SHALL APPLY EVEN IF WAVES HAS BEEN ADVISED OF THE POSSIBILITY OF CLAIMS, LOSSES, OR DAMAGES EXCEEDING SUCH LIMIT, AND SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF ANY OTHER REMEDIES POSSESSED BY WAVES. THE LIMITATION OF LIABILITY REFLECTS AN ALLOCATION OF RISK BETWEEN YOU AND WAVES. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

NO LIABILITY FOR DAMAGES. No Other Warranties. SUBJECT TO THE FOREGOING STATEMENTS, THE ABOVE WARRANTIES ARE EXCLUSIVE, AND THE SOFTWARE PRODUCT AND THE INFORMATION (AS APPLICABLE) ARE PROVIDED "AS IS" WITHOUT ANY OTHER WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, THOSE ARISING OUT OF USE OF THE SOFTWARE PRODUCT AND THOSE CONCERNING RECEIPT AND USE OF INFORMATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS AGENTS, DEALERS, DISTRIBUTORS OR EMPLOYEES SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY OTHER WARRANTIES. No Liability for Damages. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE VENDOR LICENSOR (OR ITS SUPPLIERS AGENTS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES) BE LIABLE TO END-USER OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL AND CONSEQUENTIAL SPECIAL, ECONOMIC, PUNITIVE OR SIMILAR DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, TRADING LOSSES, LOSS OF ANTICIPATED PROFITS, LOSS BY REASON OF SHUTDOWN IN OPERATION OR INCREASED EXPENSES OF OPERATION, COST OF COVER, LOSS OF BUSINESS INFORMATION, INFORMATION OR ANY AND ALL OTHER COMMERCIAL OR PECUNIARY LOSSDAMAGES OR LOSSES) ARISING OUT OF THE USE OF OR INABILITY TO USE EITHER THE SOFTWARESOFTWARE PRODUCT OR THE INFORMATION (AS APPLICABLE), HOWEVER CAUSED AND ON ANY LEGAL THEORY OF LIABILITY (WHETHER IN TORT, CONTRACT OR OTHERWISE), EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING FAULTDAMAGES, NEGLIGENCE AND THE FAILURE OR FOR ANY CLAIM BY ANY OTHER PARTY. LICENSOR SHALL NOT BE LIABLE TO END-USER OR ANY OTHER PERSON FOR ANY UNAVAILABILITY, INTERRUPTION, DELAY, INCOMPLETNESS, OR INACCURACY OF THE ESSENTIAL PURPOSEINFORMATION. REGARDLESS END-USER ACKNOWLEDGES THAT THE TERMS OF THE CAUSE OR FORM OF THE ACTION, THE VENDOR'S AGGREGATE LIABILITY TO THE CLIENT FOR ACTUAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT REFLECT THIS ALLOCATION OF THE LICENSE FEERISK. In any event, IF ANYif any statute implies warranties or conditions not stated in this Agreement, PAID BY THE CLIENT TO THE VENDOR FOR THE USE OF THE SOFTWARELicensor's entire liability under any provision of this License Agreement shall be limited to the license fee actually paid by End-User to license the Software Product or to receive the Information. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGESIn addition to the foregoing, THE ABOVE LIMITATION MAY NOT APPLY TO THE CLIENTany action, regardless of form, arising out of this Agreement must be filed within two (2) years after any such cause of action has arisen. INDEMNIFCATIONS End-User agrees to defend, indemnify, and hold Licensor, and its officers, directors, agents, and employees, harmless against any and all Claims or Losses (including reasonable attorney fees and costs) incurred through claims of third parties against Licensor as a result of or relating to the acts (or omissions) of End-User (including breach of this Agreement), its use of the Software Product and End-User's receipt and use of any Information, whether authorized or unauthorized under this Agreement, including, but not limited to, actions founded on product liability.

NO LIABILITY FOR DAMAGES. ‌ HIMSA, ITS SUPPLIERS AND RESELLERS SHALL NOT BE LIABLE FOR, AND YOU ASSUME RESPONSIBILITY FOR, ALL PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE OF THE SOFTWARE. IN NO EVENT SHALL THE VENDOR HIMSA, ITS OFFICERS, AGENTS, EMPLOYEES OR ITS SUPPLIERS BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, DIRECT, THE LOSS OF PROFITS OR THE NON-REALISATION OF ANTICIPATED SAVINGS OR FOR INDIRECT, SPECIAL AND SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THE USE SOFTWARE OR INABILITY TO USE THE PERFORMANCE OF THE SOFTWARE, EVEN IF HIMSA OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING FAULT, NEGLIGENCE AND OR LOSSES. FOR THE FAILURE AVOIDANCE OF THE ESSENTIAL PURPOSE. REGARDLESS DOUBT LOSS OF THE CAUSE OR FORM OF THE ACTION, THE VENDOR'S AGGREGATE LIABILITY TO THE CLIENT FOR ACTUAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT DATA SHALL BE LIMITED TO CONSIDERED INDIRECT DAMAGES HEREUNDER. IN NO EVENT SHALL THE TOTAL AMOUNT TOTAL, CUMULATIVE LIABILITY OF HIMSA, ITS SUPPLIERS AND RESELLERS EXCEED THE LICENSE FEE, IF ANY, FEE PAID BY THE CLIENT TO THE VENDOR FOR THE USE OF THE SOFTWARE. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW IF YOU USE A FREE VERSION OF THE EXCLUSION OR LIMITATION OF SOFTWARE HIMSA ASSUMES NO LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE CLIENTAT ALL.

NO LIABILITY FOR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE VENDOR WILL ACLU OF TEXAS, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR: (i) ANY LOST PROFITS, LOSS OF USE, COST OF CURE, DIMINUTION OF VALUE, LOSS OF DATA, OR FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATIONDIRECT, INCIDENTAL, DIRECT, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGESCONSEQUENTIAL, DAMAGES FOR LOSS OF BUSINESS PROFITSSPECIAL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATIONEXEMPLARY, OR OTHER PECUNIARY LOSS) PUNITIVE DAMAGES OF ANY KIND, HOWEVER CAUSED, ARISING OUT OF THE OR RELATED TO YOUR USE OR MISUSE OF OR INABILITY TO USE THE SOFTWAREAPPLICATION, OR ANY RELATED CONTENT OR MATERIALS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THOSE DAMAGES WERE FORESEEABLE AND EVEN IF ACLU OF TEXAS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING FAULTTHOSE DAMAGES; OR (ii) MONEY DAMAGES, NEGLIGENCE AND THE FAILURE OF THE ESSENTIAL PURPOSE. REGARDLESS OF THE CAUSE OR FORM OF THE ACTIONHOWEVER CAUSED, THE VENDOR'S AGGREGATE LIABILITY TO THE CLIENT FOR ACTUAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED OR TO YOUR USE OR MISUSE OF OR INABILITY TO USE THE APPLICATION, OR ANY RELATED CONTENT OR MATERIALS, IN A TOTAL AMOUNT OF GREATER THAN $10.00 IN THE LICENSE FEE, IF ANY, PAID BY THE CLIENT TO THE VENDOR FOR THE USE OF THE SOFTWARE. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE CLIENTAGGREGATE.

NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE VENDOR COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, DIRECTCONSEQUENTIAL, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARETHIS PRODUCT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING FAULT, NEGLIGENCE AND THE FAILURE OF THE ESSENTIAL PURPOSEDAMAGES. REGARDLESS OF THE CAUSE OR FORM OF THE ACTIONIN ANY CASE, THE VENDOR'S AGGREGATE COMPANY’S AND ITS SUPPLIERS’ ENTIRE LIABILITY TO THE CLIENT FOR ACTUAL DAMAGES ARISING OUT UNDER ANY PROVISION OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT OF THE LICENSE FEE, IF ANY, ACTUALLY PAID BY THE CLIENT TO THE VENDOR YOU FOR THE USE OF THE SOFTWAREEQUIPMENT. BECAUSE SOME STATES/COUNTRIES JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE CLIENTYOU.

NO LIABILITY FOR DAMAGES. IN NO EVENT SHALL THE VENDOR WILL LICENSOR OR ITS SUPPLIERS DISTRIBUTOR BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, DIRECT, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA OR INFORMATION, LOST SAVINGS, OR OTHER PECUNIARY LOSS) INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR OR ITS DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING FAULTDAMAGES, NEGLIGENCE AND OR FOR ANY CLAIM BY ANY OTHER PARTY, EXCEPT TO THE FAILURE EXTENT OF THE ESSENTIAL PURPOSE. REGARDLESS REMEDIES DESCRIBED ABOVE IN THE EVENT OF THE CAUSE OR FORM BREACH OF THE ACTIONLIMITED WARRANTY DESCRIBED ABOVE. FURTHER, IN NO EVENT SHALL THE VENDOR'S AGGREGATE LIABILITY TO THE CLIENT FOR ACTUAL DAMAGES OF LICENSOR OR ITS DISTRIBUTOR ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PURCHASE OF THE LICENSE FEE, IF ANY, PAID BY SOFTWARE GIVING RISE TO SUCH LIABILITY. THIS LIMITATION IS INTENDED TO LIMIT THE CLIENT TO THE VENDOR FOR THE USE LIABILITY OF THE SOFTWARE. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION LICENSOR AND ITS DISTRIBUTOR AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE CLIENTESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NO LIABILITY FOR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE VENDOR WILL ACLU-TX, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR: (i) ANY LOST PROFITS, LOSS OF USE, COST OF CURE, DIMINUTION OF VALUE, LOSS OF DATA, OR FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATIONDIRECT, INCIDENTAL, DIRECT, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGESCONSEQUENTIAL, DAMAGES FOR LOSS OF BUSINESS PROFITSSPECIAL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATIONEXEMPLARY, OR OTHER PECUNIARY LOSS) PUNITIVE DAMAGES OF ANY KIND, HOWEVER CAUSED, ARISING OUT OF THE OR RELATED TO YOUR USE OR MISUSE OF OR INABILITY TO USE THE SOFTWAREAPPLICATION, OR ANY RELATED CONTENT OR MATERIALS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THOSE DAMAGES WERE FORESEEABLE AND EVEN IF ACLU-TX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING FAULTTHOSE DAMAGES; OR (ii) MONEY DAMAGES, NEGLIGENCE AND THE FAILURE OF THE ESSENTIAL PURPOSE. REGARDLESS OF THE CAUSE OR FORM OF THE ACTIONHOWEVER CAUSED, THE VENDOR'S AGGREGATE LIABILITY TO THE CLIENT FOR ACTUAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED OR TO YOUR USE OR MISUSE OF OR INABILITY TO USE THE APPLICATION, OR ANY RELATED CONTENT OR MATERIALS, IN A TOTAL AMOUNT OF GREATER THAN $10.00 IN THE LICENSE FEE, IF ANY, PAID BY THE CLIENT TO THE VENDOR FOR THE USE OF THE SOFTWARE. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE CLIENTAGGREGATE.

NO LIABILITY FOR DAMAGES. IN NO EVENT SHALL TO THE VENDOR OR MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, INCLUDING WITHOUT LIMITATION, INCIDENTAL, DIRECT, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITSPROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE THIS SOFTWARE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING FAULT, NEGLIGENCE AND THE FAILURE OF THE ESSENTIAL PURPOSE. REGARDLESS OF THE CAUSE OR FORM OF THE ACTION, THE VENDOR'S AGGREGATE LIABILITY TO THE CLIENT FOR ACTUAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT OF THE LICENSE FEE, IF ANY, PAID BY THE CLIENT TO THE VENDOR FOR THE USE OF THE SOFTWAREDAMAGES. BECAUSE SOME STATES/COUNTRIES JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, THE CLIENTCOMPANY’S LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE LICENSE FEE, IF ANY, PAID BY YOU DIRECTLY TO THE COMPANY FOR USE OF THE PRODUCT OR ANY LICENSE FEE RECEIVED BY THE COMPANY FOR THE USE OF THE PRODUCT IF PURCHASED THROUGH AN AUTHORIZED THIRD PARTY.

NO LIABILITY FOR DAMAGES. IN NO EVENT EVENT, SHALL THE VENDOR LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, DIRECT, INDIRECT, SPECIAL SPECIAL, AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING FAULT, NEGLIGENCE AND THE FAILURE OF THE ESSENTIAL PURPOSE. REGARDLESS OF THE CAUSE OR FORM OF THE ACTION, THE VENDORLICENSOR'S AGGREGATE LIABILITY TO THE CLIENT LICENSEE FOR ACTUAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT OF THE LICENSE FEE, IF ANY, PAID BY THE CLIENT LICENSEE TO THE VENDOR LICENSOR FOR THE USE OF THE SOFTWARE. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OFLIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE CLIENTLICENSEE.

NO LIABILITY FOR DAMAGES. IN NO EVENT SHALL THE VENDOR OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, DIRECT, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING FAULT, NEGLIGENCE AND THE FAILURE OF THE ESSENTIAL PURPOSE. REGARDLESS OF THE CAUSE OR FORM OF THE ACTION, THE VENDOR'S AGGREGATE LIABILITY TO THE CLIENT FOR ACTUAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT OF THE LICENSE FEE, IF ANY, PAID BY THE CLIENT TO THE VENDOR FOR THE USE OF THE SOFTWARE. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE CLIENT...

NO LIABILITY FOR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE VENDOR WILL SUTTER , ITS AFFILIATES, OR ANY OF ITS SUPPLIERS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR: (i) ANY LOST PROFITS, LOSS OF USE, COST OF CURE, DIMINUTION OF VALUE, LOSS OF DATA, OR FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATIONDIRECT, INCIDENTAL, DIRECT, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGESCONSEQUENTIAL, DAMAGES FOR LOSS OF BUSINESS PROFITSSPECIAL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATIONEXEMPLARY, OR OTHER PECUNIARY LOSS) PUNITIVE DAMAGES OF ANY KIND, HOWEVER CAUSED, ARISING OUT OF THE OR RELATED TO YOUR USE OR MISUSE OF OR INABILITY TO USE THE SOFTWAREAPPLICATION, OR ANY RELATED CONTENT OR MATERIALS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THOSE DAMAGES WERE FORESEEABLE AND EVEN IF Sutter WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING FAULTTHOSE DAMAGES; OR (ii) MONEY DAMAGES, NEGLIGENCE AND THE FAILURE OF THE ESSENTIAL PURPOSE. REGARDLESS OF THE CAUSE OR FORM OF THE ACTIONHOWEVER CAUSED, THE VENDOR'S AGGREGATE LIABILITY TO THE CLIENT FOR ACTUAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED OR TO YOUR USE OR MISUSE OF OR INABILITY TO USE THE APPLICATION, OR ANY RELATED CONTENT OR MATERIALS, IN A TOTAL AMOUNT OF THE LICENSE FEE, IF ANY, PAID BY THE CLIENT TO THE VENDOR FOR THE USE OF THE SOFTWARE. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE CLIENT.GREATER THAN $10.00

NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE VENDOR OR ITS SUPPLIERS MINDFUSION BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, DIRECT, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF MINDFUSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING FAULT, NEGLIGENCE AND THE FAILURE OF THE ESSENTIAL PURPOSE. REGARDLESS OF THE CAUSE OR FORM OF THE ACTION, THE VENDOR'S AGGREGATE LIABILITY TO THE CLIENT FOR ACTUAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT OF THE LICENSE FEE, IF ANY, PAID BY THE CLIENT TO THE VENDOR FOR THE USE OF THE SOFTWAREDAMAGES. BECAUSE SOME STATES/COUNTRIES JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTAND IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CUSTOMER FURTHER AGREES THAT IT IS THE CLIENT.COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CUSTOMER AND MINDFUSION LTD. WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN CUSTOMER AND MINDFUSION RELATING TO THE SOFTWARE. This Agreement may not be modified except by a writing signed by a duly authorized representative of MindFusion LLC

NO LIABILITY FOR DAMAGES. IN NO EVENT SHALL THE VENDOR WAVES, ITS SUPPLIERS, OR ITS SUPPLIERS LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, DIRECT, INDIRECT, SPECIAL AND PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARESOFTWARE OR ARISING OUT OF ANY SUPPORT SERVICES, EVEN IF WAVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING FAULT, NEGLIGENCE AND THE FAILURE OF THE ESSENTIAL PURPOSE. REGARDLESS OF THE CAUSE OR FORM OF THE ACTION, THE VENDOR'S AGGREGATE LIABILITY TO THE CLIENT FOR ACTUAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT OF THE LICENSE FEE, IF ANY, PAID BY THE CLIENT TO THE VENDOR FOR THE USE OF THE SOFTWAREDAMAGES. BECAUSE SOME STATES/COUNTRIES JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU; IN SUCH A CASE, THEN THE CLIENTAGGREGATE LIABILITY FOR ANY CLAIMS, LOSSES, OR DAMAGES SHALL NOT EXCEED US $2,500. THE FOREGOING LIMITATION OF LIABILITY IS COMPLETE AND EXCLUSIVE, SHALL APPLY EVEN IF WAVES HAS BEEN ADVISED OF THE POSSIBILITY OF CLAIMS, LOSSES, OR DAMAGES EXCEEDING SUCH LIMIT, AND SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF ANY OTHER REMEDIES POSSESSED BY WAVES. THE LIMITATION OF LIABILITY REFLECTS AN ALLOCATION OF RISK BETWEEN YOU AND WAVES In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.