Common use of Exclusion of Damages Clause in Contracts

Exclusion of Damages. IN NO EVENT WILL QLIK, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY LOSS OF SAVINGS, PROFITS OR REVENUES, LOSS OR CORRUPTION OF DATA, GOODWILL, OR REPUTATION, INACCURACY OF ANY DATA, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR SOFTWARE, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWSOEVER ARISING AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. QLIK PRODUCTS ARE NOT INTENDED FOR USE WITH OR FOR HIGH-RISK ACTIVITIES AND QLIK WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM INHERENTLY DANGEROUS USE OF THE QLIK PRODUCTS.

Exclusion of Damages. IN NO EVENT WILL QLIKXXXXXX, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS SUPPLIERS OR LICENSORS, , BE LIABLE FOR ANY LOSS OF SAVINGS, PROFITS OR REVENUES, LOSS OR CORRUPTION OF DATA, GOODWILL, OR REPUTATION, INACCURACY OF ANY DATA, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR SOFTWARE, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWSOEVER ARISING AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. QLIK XXXXXX PRODUCTS ARE NOT INTENDED FOR USE WITH OR FOR HIGH-HIGH RISK ACTIVITIES AND QLIK XXXXXX WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM INHERENTLY DANGEROUS USE OF THE QLIK XXXXXX PRODUCTS.

Exclusion of Damages. IN NO EVENT WILL QLIKLRI OR ITS SUPPLIERS BE LIABLE TO CUSTOMER FOR ANY LOSS, ITS AFFILIATESDAMAGES, CLAIMS OR COSTS WHATSOEVER ARISING FROM LOST REVENUE, BUSINESS, PROFITS, SAVINGS, DATA, USE OF EQUIPMENT OR OPERATION OF EQUIPMENT, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS SUPPLIERS ARISING FROM DELAYS IN DELIVERY OR LICENSORS, BE LIABLE FOR REPAIR OF EQUIPMENT OR DAMAGE TO ANY LOSS OF SAVINGS, PROFITS DATA OR REVENUES, LOSS OR CORRUPTION OF DATA, GOODWILL, OR REPUTATION, INACCURACY OF ANY DATA, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR SOFTWAREOTHER PROPERTY BELONGING TO CUSTOMER, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIALEXEMPLARY, PUNITIVE, EXEMPLARY SPECIAL OR CONSEQUENTIAL PUNITIVE DAMAGES, HOWSOEVER ARISING AND OR FOR ANY CLAIM BY ANY THIRD PARTY, ALL REGARDLESS OF THE THEORY FORM OF LIABILITY (INCLUDING NEGLIGENCE ACTION WHETHER IN CONTRACT, TORT OR STRICT LIABILITY)OTHERWISE, EVEN IF A LRI REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. QLIK PRODUCTS ARE NOT INTENDED FOR USE WITH OR FOR HIGH-RISK ACTIVITIES AND QLIK WILL NOT BE LIABLE FOR ANY , DAMAGES, CLAIMS OR DAMAGES ARISING FROM INHERENTLY DANGEROUS USE OF COSTS. THE QLIK PRODUCTSFOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN CUSTOMER’S JURISDICTION.

Exclusion of Damages. UNDER NO CIRCUMSTANCES WILL 4SECURITAS BE LIABLE, WHETHER IN NO EVENT WILL QLIKCONTRACT, ITS AFFILIATESTORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION OR THEIR RESPECTIVE DIRECTORSOTHERWISE, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS SUPPLIERS TO YOU OR LICENSORS, BE LIABLE ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF SAVINGS, PROFITS OR REVENUES, LOSS OR CORRUPTION OF DATA, GOODWILL, OR REPUTATION, INACCURACY OF ANY DATA, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR SOFTWARE, OR FOR ANY ANY: (a) INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES; OR (b) LOST PROFITS, HOWSOEVER DAMAGES RESULTING FROM LOSS OF DATA, SECURITY BREACH, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF BUSINESS OR LOST SAVINGS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING AND REGARDLESS OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE PERFORMANCE OF THE THEORY LICENSED MATERIALS OR OF LIABILITY (INCLUDING NEGLIGENCE ANY OTHER OBLIGATIONS RELATING TO THIS AGREEMENT, WHETHER OR STRICT LIABILITY), EVEN IF NOT 4SECURITAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSDAMAGES. QLIK PRODUCTS YOU ARE NOT INTENDED FOR USE WITH OR FOR HIGH-RISK ACTIVITIES SOLELY RESPONSIBLE AND QLIK WILL NOT BE LIABLE FOR VERIFYING THE SECURITY, ACCURACY AND ADEQUACY OF ANY CLAIMS OR DAMAGES ARISING OUTPUT FROM INHERENTLY DANGEROUS USE OF THE QLIK PRODUCTSLICENSED MATERIALS, AND FOR ANY RELIANCE THEREON.

Exclusion of Damages. IN NO EVENT WILL QLIK, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, ,EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY LOSS OF SAVINGS, PROFITS OR REVENUES, LOSS OR CORRUPTION OF DATA, GOODWILL, OR REPUTATION, INACCURACY OF ANY DATA, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR SOFTWARE, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWSOEVER ARISING AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. QLIK PRODUCTS ARE NOT INTENDED FOR USE WITH OR FOR HIGH-RISK ACTIVITIES AND QLIK WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM INHERENTLY DANGEROUS USE OF THE QLIK PRODUCTS.

Exclusion of Damages. IN NO EVENT WILL QLIKEITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, ITS AFFILIATESINCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (i) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT; (ii) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE BOTS OR PORTAL (OTHER THAN FOR THE ISSUANCE OF ANY APPLICABLE SERVICE CREDITS PURSUANT TO SECTION 6), OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY LOSS OF SAVINGS, PROFITS OR REVENUES, LOSS OR CORRUPTION OF DATA, GOODWILL, OR REPUTATION, INACCURACY OF ANY DATA, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR SOFTWARE, OR FOR ANY INDIRECT(iii) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, EXEMPLARY ENHANCED OR CONSEQUENTIAL PUNITIVE DAMAGES, HOWSOEVER ARISING AND IN EACH CASE REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), EVEN IF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. QLIK PRODUCTS ARE NOT INTENDED FOR USE WITH OR FOR HIGH-RISK ACTIVITIES AND QLIK WILL NOT BE LIABLE FOR ANY CLAIMS LOSSES OR DAMAGES ARISING FROM INHERENTLY DANGEROUS USE OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF THE QLIK PRODUCTSANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

Exclusion of Damages. IN NO EVENT WILL QLIK, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS SUPPLIERS OR LICENSORS, , BE LIABLE FOR ANY LOSS OF SAVINGS, PROFITS OR REVENUES, LOSS OR CORRUPTION OF DATA, GOODWILL, OR REPUTATION, INACCURACY OF ANY DATA, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR SOFTWARE, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWSOEVER ARISING AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. QLIK PRODUCTS ARE NOT INTENDED FOR USE WITH OR FOR HIGH-HIGH RISK ACTIVITIES AND QLIK WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM INHERENTLY DANGEROUS USE OF THE QLIK PRODUCTS.

Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL QLIK, ITS AFFILIATES, SHALL IK HAVE ANY LIABILITY TO USER OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS SUPPLIERS OR LICENSORS, BE LIABLE ANY OTHER THIRD PARTY FOR ANY LOSS OF SAVINGS, PROFITS ACTUAL OR REVENUESANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF, DAMAGE TO, OR CORRUPTION OF OF, DATA, GOODWILLLOSS OF USE, OR REPUTATION, INACCURACY OF ANY DATA, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES GOODS OR SOFTWARESERVICES, OR FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, SPECIALREMOTE, COVER, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWSOEVER HOWEVER CAUSED, WHETHER ARISING AND REGARDLESS OF THE UNDER ST A TUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY (INCLUDING NEGLIGENCE LIABILITY, WHETHER OR STRICT LIABILITY), EVEN IF NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. QLIK PRODUCTS ARE NOT INTENDED FOR USE WITH WHETHER SUCH DAMAGE WAS FORESEEABLE OR FOR HIGH-RISK ACTIVITIES AND QLIK WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM INHERENTLY DANGEROUS USE IN THE CONTEMPLATION OF THE QLIK PRODUCTSPARTIES.

Exclusion of Damages. IN NO EVENT WILL QLIKCODE, ITS AFFILIATES, AUTHORIZED RESELLERS OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY LOSS OF SAVINGS, PROFITS OR REVENUES, LOSS OR CORRUPTION OF DATA, GOODWILL, OR REPUTATION, INACCURACY OF ANY DATA, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR SOFTWARE, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWSOEVER ARISING AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. QLIK CLOBBA SOFTWARE PRODUCTS ARE NOT INTENDED FOR USE WITH OR FOR HIGH-HIGH RISK ACTIVITIES AND QLIK CODE WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM INHERENTLY DANGEROUS USE OF THE QLIK CLOBBA SOFTWARE PRODUCTS.

Exclusion of Damages. IN ‌ UNDER NO EVENT CIRCUMSTANCES WILL QLIK, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS SUPPLIERS OR LICENSORS, TENABLE BE LIABLE FOR TO YOU OR ANY LOSS OF SAVINGS, PROFITS OTHER PERSON OR REVENUES, LOSS OR CORRUPTION OF DATA, GOODWILL, OR REPUTATION, INACCURACY OF ANY DATA, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR SOFTWARE, OR ENTITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGESPUNITIVE DAMAGES (INCLUDING NEGLIGENCE, HOWSOEVER STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION AND OTHER CONTRACT OR TORT CLAIMS; LOST PROFITS; OR ANY DAMAGES RESULTING FROM LOSS OF DATA, SECURITY BREACH, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF BUSINESS OR LOST SAVINGS), ARISING AND REGARDLESS OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE PERFORMANCE OF THE THEORY LICENSED MATERIALS OR OF LIABILITY (INCLUDING NEGLIGENCE ANY OTHER OBLIGATIONS RELATING TO THIS AGREEMENT, WHETHER OR STRICT LIABILITY), EVEN IF NOT TENABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSDAMAGES. QLIK PRODUCTS YOU ARE NOT INTENDED FOR USE WITH OR FOR HIGH-RISK ACTIVITIES SOLELY RESPONSIBLE AND QLIK WILL NOT BE LIABLE FOR VERIFYING THE SECURITY, ACCURACY AND ADEQUACY OF ANY CLAIMS OR DAMAGES ARISING OUTPUT FROM INHERENTLY DANGEROUS USE OF THE QLIK PRODUCTSLICENSED MATERIALS, AND FOR ANY RELIANCE THEREON.

Exclusion of Damages. IN NO EVENT WILL QLIKEXCEPT FOR: (I) ANY INFRINGEMENT BY ONE PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, ITS AFFILIATES(II) FRAUD OR WILFUL MISCONDUCT BY EITHER PARTY, OR THEIR RESPECTIVE DIRECTORS(III) BREACH OF CUSTOMER’S PAYMENT OBLIGATIONS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS SUPPLIERS OR LICENSORS, NEITHER PARTY WILL BE LIABLE TO THE OTHER OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF SAVINGS, PROFITS OR REVENUES, LOSS OR CORRUPTION OF DATA, GOODWILL, OR REPUTATION, INACCURACY OF ANY DATA, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR SOFTWARE, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVEEXEMPLARY, EXEMPLARY PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWSOEVER OR ANY LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR THE COST OF COVER OR SUBSTITUTE SERVICES OR OTHER ECONOMIC LOSS, ARISING AND REGARDLESS OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE THEORY COMPANY IP OR THE PROVISION OF PROFESSIONAL SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITYNEGLIGENCE), EVEN IF STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, OR SUCH LOSS OR DAMAGE OR LOSS. QLIK PRODUCTS ARE NOT INTENDED FOR USE WITH OR FOR HIGH-RISK ACTIVITIES AND QLIK WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM INHERENTLY DANGEROUS USE OF THE QLIK PRODUCTSIS FORESEEABLE.