Common use of Software Liability Clause in Contracts

Software Liability. Except as provided in Section C. above, the entire liability of COMPUWARE and/or its third party providers, and CLIENT's sole and exclusive remedy for damages from any cause related to or arising out of the Software licensed under this Agreement, regardless of the form of action, whether in contract or in tort, will not exceed the license fee paid by CLIENT to COMPUWARE for the Software. COMPUWARE shall have no liability if the alleged infringement is based on modification of the Software by anyone other than COMPUWARE, or use of the Software other than as specified in any Service Order or Statement of Work. This section states the entire liability of COMPUWARE and CLIENT's sole and exclusive remedy with respect to misappropriation or infringement of intellectual property rights of the Software.