Exclusion of Damages; Limitation of Liability. ANYTHING TO THE CONTRARY HEREIN NOTWITHSTANDING, EXCEPT FOR (I) DAMAGES RESULTING FROM (a) UNAUTHORIZED USE OR DISCLOSURE OF CONFIDENTIAL INFORMATION, (b) FRAUD OR WILFUL MISCONDUCT AND (c) DEATH OR PERSONAL INJURY ARISING FROM EITHER PARTY’S GROSS NEGLIGENCE OR ARISING FROM EITHER PARTY’S WILLFUL MISCONDUCT OR (II) SAP’S OBLIGATIONS UNDER SECTION 8.1, UNDER NO CIRCUMSTANCES AND REGARDLESS OF THE NATURE OF ANY CLAIM WILL SAP, ITS LICENSORS OR LICENSEE BE LIABLE TO EACH OTHER OR ANY OTHER PERSON OR ENTITY FOR AN AMOUNT IN EXCESS OF THE LICENSE FEES PAID BY LICENSEE TO PARTNER FOR THE SOFTWARE DIRECTLY CAUSING THE DAMAGES OR BE LIABLE IN ANY AMOUNT FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, LOSS OF GOOD WILL OR PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, ATTORNEYS’ FEES, COURT COSTS, INTEREST OR EXEMPLARY OR PUNITIVE DAMAGES.
Exclusion of Damages; Limitation of Liability. 9.2.1 Subject to sections 9.2.2, 9.2.3 and 9.2.4 below and regardless of the basis of liability (whether arising out of breach of contract, tort (including but not limited to negligence), misrepresentation, breach of statutory duty, breach of warranty or claims by third parties, wilful misconduct or otherwise) neither SAP or Licensee shall be liable to the other or any other party for any of the following types of loss or damage arising under or in relation to this Agreement:
Exclusion of Damages; Limitation of Liability. ANYTHING TO THE CONTRARY HEREIN NOTWITHSTANDING, EXCEPT FOR (I) DAMAGES RESULTING FROM (a) UNAUTHORIZED USE OR DISCLOSURE OF CONFIDENTIAL INFORMATION, (b) FRAUD OR WILFUL MISCONDUCT AND
Exclusion of Damages; Limitation of Liability. ANYTHING TO THE CONTRARY HEREIN NOTWITHSTANDING, EXCEPT FOR DAMAGES RESULTING FROM UNAUTHORIZED USE OR DISCLOSURE OF CONFIDENTIAL INFORMATION OR DEATH OR PERSONAL INJURY ARISING FROM EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, UNDER NO CIRCUMSTANCES AND REGARDLESS OF THE NATURE OF ANY CLAIM SHALL SAP, ITS LICENSORS OR LICENSEE BE LIABLE TO EACH OTHER OR ANY OTHER PERSON OR ENTITY FOR AN AMOUNT OF DAMAGES IN EXCESS OF THE PAID LICENSE FEES FOR THE SOFTWARE DIRECTLY CAUSING THE DAMAGES OR BE LIABLE IN ANY AMOUNT FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, LOSS OF GOOD WILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, ATTORNEYS’ FEES, COURT COSTS, INTEREST OR EXEMPLARY OR PUNITIVE DAMAGES. The provisions of this Agreement allocate the risks between SAP and Licensee. The license fees reflect this allocation of risk and the limitations of liability herein. 损害排除；责任限制。即使本协议中有任何相反规定，除因未经授权使用或披露保密信息而导致的损害或因任何一方的重大过失或故意不当行为造成的人身伤亡以外，SAP、其许可方或被许可人在任何情况下且无论主张的性质为何，均不对对方或任何其他个人或单位就超出直接导致损害的软件已经支付的许可费用的损害赔偿金额承担责任，也不对任何特别的、原发性的、继发性的或间接的损害、商誉或营业利润损失、停工、数据丢失、计算机运行失败或故障、律师费、诉讼费、利息或惩罚性损害赔偿金额承担责任。本协议的规定在 SAP 与被许可人之间进行了风险分配。许可费用反映了前述风险分配和此处的责任限制。
Exclusion of Damages; Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR OTHER LEGAL THEORY:
Exclusion of Damages; Limitation of Liability. IN NO EVENT SHALL A PARTY BE LIABLE TO ANOTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING WITHOUT LIMITATION LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF THE PARTY FROM WHICH SUCH DAMAGES ARE SOUGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE OBLIGATIONS OF INDEMNITY SET FORTH IN PARAGRAPH 5.06(a) HEREOF AND A BREACH OF THE WARRANTIES SET FORTH IN PARAGRAPHS 5.02(a) AND 5.03, IN NO EVENT SHALL A PARTY BE LIABLE TO ANOTHER PARTY (INCLUDING BY WAY OF INDEMNIFICATION FOR CLAIMS AGAINST SUCH OTHER PARTY BY ITS DISTRIBUTORS, CUSTOMERS OR END USERS) FOR DAMAGES IN EXCESS OF TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000), REGARDLESS OF THE NATURE OF THE CLAIM. THE MAXIMUM LIABILITY OF AUTOTOTE AND ASI COLLECTIVELY FOR A KNOWING BREACH OF A WARRANTY SET FORTH IN PARAGRAPHS 5.02 OR 5.03 OR FOR INDEMNIFICATION THEREFOR UNDER PARAGRAPH 5.06(a) HEREOF SHALL BE THREE MILLION DOLLARS (U.S.) ($3,000,000). THE MAXIMUM LIABILITY OF AUTOTOTE AND ASI COLLECTIVELY FOR AN UNKNOWING BREACH OF A WARRANTY SET FORTH IN PARAGRAPHS 5.02 OR 5.03 OR FOR INDEMNIFICATION THEREFOR UNDER PARAGRAPH 5.06(a) SHALL BE ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000). NOTWITHSTANDING THE FOREGOING, THE MAXIMUM LIABILITY OF AUTOTOTE AND ASI COLLECTIVELY ARISING FROM A CLAIM BY LVDC (INCLUDING A CLAIM OF OWNERSHIP OF OR INFRINGEMENT OF ALL OR PART OF THE AUTOTOTE LICENSED MATERIALS) SHALL BE ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000).
Exclusion of Damages; Limitation of Liability. (a) IN NO EVENT SHALL HNC BE LIABLE TO RETEK OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE, OPERATION OR PERFORMANCE OF ANY OF THE LICENSED TECHNOLOGY, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT HNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
Exclusion of Damages; Limitation of Liability. NEITHER CHMC NOR ITS AFFILIATES SHALL BE LIABLE TO ANY PARTY FOR SPECIAL, EXEMPLARY, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE PATENTS, TECHNOLOGY, BIOLOGICAL MATERIALS, PRODUCTS OR PROCESSES, INCLUDING BUT NOT LIMITED TO DAMAGES MEASURING LOST PROFITS, GOODWILL OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusion of Damages; Limitation of Liability. Anything to the contrary herein notwithstanding and subject to Sections 9.1 and
Exclusion of Damages; Limitation of Liability. Anything to the contrary herein notwithstanding, except for (a) damages resulting from (i) unauthorized use or disclosure of confidential information; and (ii) death or personal injury arising from either party’s gross negligence or arising from either party’s willful misconduct or (b) HRMANTRA’s obligations under Section 8.1 or (c) Customer’s obligations under Section 8.2, under no circumstances and regardless of the nature of any claim will HRMANTRA its licensors or Customer be liable to each other or any other person or entity for an amount in excess of the subscription fees paid by Customer to Partner in the twelve months period immediately preceding the events giving rise to the claim for the Cloud Services directly causing the damages or be liable in any amount for special, incidental, consequential or indirect damages, loss of good will or profits, work stoppage, data loss, computer failure or malfunction, attorney’s fees, court costs, interest or exemplary or punitive damages.
