Common use of Exceptions to Limitations Clause in Contracts

Exceptions to Limitations. The limits of liability in this section 15 will apply to the fullest extent permitted by applicable law, but do not apply to: (a) the parties' obligations under section 14 (Indemnification); or (b) violation of the other's Intellectual Property Rights; (c) confidentiality obligations (except for liability related to Your Content or Personal Data, which will remain subject to the limitations and exclusions above), or (d) if a party is guilty of gross misconduct, fraud or fraudulent misrepresentation.

Appears in 3 contracts

Samples: Cloudmore Master Agreement, Cloudmore Master Agreement, Cloudmore Master Agreement

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Exceptions to Limitations. The limits of liability in this section 15 will Section 13.2 apply to the fullest extent permitted by applicable law, but do not apply except with regard to: (a) the parties' obligations under section 14 (Indemnification); or (b) violation of the other's other party’s Intellectual Property Rights; (cb) confidentiality obligations (except for liability related to Your Content or Personal Data, which will remain subject to the limitations and exclusions above), or (d) if a party is guilty of gross willful misconduct, fraud gross negligence or fraudulent misrepresentation.fraud;

Appears in 3 contracts

Samples: Software License Agreement, End User License Agreement, Software License Agreement

Exceptions to Limitations. The limits of liability in this section 15 will Section 10.2 apply to the fullest extent permitted by applicable law, but do not apply except with regard to: (a) the parties' obligations under section 14 (Indemnification); or (b) violation of the other's other party’s Intellectual Property Rights; (cb) confidentiality obligations (except for liability related to Your Content or Personal Data, which will remain subject to the limitations and exclusions above), or (d) if a party is guilty of gross willful misconduct, fraud gross negligence or fraudulent misrepresentation.fraud;

Appears in 2 contracts

Samples: Professional Services Agreement, Information Security Services Agreement

Exceptions to Limitations. The limits of liability in this section 15 will Section 13.2 apply to the fullest extent permitted by applicable law, but do not apply except with regard to: (a) the parties' obligations under section 14 (Indemnification); or (b) violation of the other's other party’s Intellectual Property Rights; (b) your failure to comply with your payment obligations; or (c) confidentiality breach of a party’s obligations under Section 10 (except for liability related to Your Content Confidentiality) or Personal Data, which will remain subject Section 12 (Indemnification). Notwithstanding anything to the limitations and exclusions above)contrary in the Agreement, or (d) if a party is guilty of gross misconduct, fraud or fraudulent misrepresentationour aggregate liability with respect to Customer Data will be limited to the amounts in Section 13.2.

Appears in 1 contract

Samples: Service End User License Agreement

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Exceptions to Limitations. The limits of liability in this section 15 will 17 apply to the fullest extent permitted by applicable law, but do not apply to: (a) the parties' obligations under section 14 (Indemnification)16; or (b) violation of the other's Intellectual Property Rightsintellectual property rights; or (c) confidentiality obligations (except for liability related to Your Content or Personal Data, which will remain subject to the limitations and exclusions above), or (d) if a party is guilty of gross misconduct, fraud or fraudulent misrepresentationobligations.

Appears in 1 contract

Samples: Cloudmore Master Agreement

Exceptions to Limitations. The limits of liability in this section 15 will Section 13.2 apply to the fullest extent permitted by applicable law, but do not apply except with regard to: (a) the parties' obligations under section 14 (Indemnification); or (b) violation of the other's other party’s Intellectual Property Rights; (b) willful misconduct, gross negligence or fraud; (c) confidentiality obligations (except for liability related your failure to Your Content or Personal Data, which will remain subject to the limitations and exclusions above), comply with your payment obligations; or (d) if breach of a party is guilty of gross misconductparty’s obligations under Section 10 (Confidentiality) or Section 12 (Indemnification). Notwithstanding anything to the contrary in the Agreement, fraud or fraudulent misrepresentationour aggregate liability with respect to Customer Data will be limited to the amounts in Section 13.2.

Appears in 1 contract

Samples: Cloud Subscription Agreement

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