Limitation of Liability; Exclusion of Consequential Damages. The cumulative liability of Gurobi to You for any and all claims relating to the Product and any services rendered under this Agreement shall not exceed the total amount of all License and Maintenance and Support fees paid to Gurobi for the Product within the prior year. This limitation shall not apply to the indemnification provided in Section 8. In no event shall Gurobi be liable to You for any consequential, indirect, special, or incidental damages, even if Gurobi has been advised of the possibility of such potential loss or damage. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies, but may not be applicable in some jurisdictions.
Limitation of Liability; Exclusion of Consequential Damages. The cumulative liability of Gurobi to You for any and all claims relating to the Product and any services rendered under this Agreement shall not exceed the total amount of all Cloud service subscription and Usage Fees (as applicable) paid to Gurobi for the Product within the prior year. This limitation shall not apply to the indemnification provided in Section 9 (“Indemnification”). In no event shall Gurobi be liable to You for any consequential, indirect, special, or incidental damages, including but not limited to, for Indemnification claims, even if Gurobi has been advised of the possibility of such potential loss or damage. The foregoing limitation of liability and exclusion of certain damages, where permitted, shall apply regardless of the success or effectiveness of other remedies, but may not apply in some jurisdictions.
Limitation of Liability; Exclusion of Consequential Damages. IN NO EVENT SHALL XXXXXXX’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT GIVING RISE TO SUCH CLAIM, NOT TO EXCEED THE MANUFACTURER’S RETAIL PRICE FOR THE APPLICABLE EQUIPMENT. IN NO EVENT SHALL XXXXXXX BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES OF ANY NATURE IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES OR SOFTWARE PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR: LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA STORAGE, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF XXXXXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability; Exclusion of Consequential Damages. The cumulative liability of Adzone to you for all claims relating to the Program(s) and any services rendered hereunder, in contract, tort, or otherwise, shall not exceed the total amount of all license fees paid to Adzone for the relevant Program(s) or services within the prior year. This limitation shall not apply to the indemnification provided in Paragraph 18. In no event shall either party be liable to the other for any consequential, indirect, special, or incidental damages, even if such party has been advised of the possibility of such potential loss or damage. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies.
Limitation of Liability; Exclusion of Consequential Damages. IN NO EVENT SHALL CLOUDION BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES OF ANY NATURE IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES OR SOFTWARE PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF: BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION OR DATA STORAGE, GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF CLOUDION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability; Exclusion of Consequential Damages. ICM IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE SCOPE OF WORK. THE AGGREGATE LIABILITY OF ICM, ITS AFFILIATES AND SUBCONTRACTORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, IS LIMITED TO THE COMPENSATION RECEIVED BY ICM FOR THE SCOPE OF WORK IN QUESTION. THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS AND DAMAGES, INCLUDING, BUT NOT LIMITED TO, LEGAL FEES AND EXPENSES ARISING FROM OR RELATED TO THIS AGREEMENT AND WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED.
Limitation of Liability; Exclusion of Consequential Damages. The cumulative liability of Licensor to You for all claims relating to the Program and any services rendered hereunder, in contract, tort, or otherwise, shall not exceed the total amount of license fees paid to Licensor for the relevant Program or services within the prior year. This limitation shall not apply to the indemnification provided in Paragraph 20. In no event shall either party be liable to the other for any consequential, indirect, special, or incidental damages, even if such party has been advised of the possibility of such potential loss or damage. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies.
Limitation of Liability; Exclusion of Consequential Damages. The cumulative liability of Licensor to Licensee for all claims relating to the Software and any services rendered hereunder, in contract, tort, or otherwise, shall not exceed the total amount of all license fees paid or payable to Licensor for the Software. In no event shall Licensor be liable to Licensee for any consequential, indirect, special, or incidental damages (including loss of use, loss of profit, and claims of third parties), however caused, whether by the negligence of Licensor or otherwise, including without limitation, any liability for (i) lost revenues and profits, loss of use, and commercial loss; (ii) injury to or death of any person in connection with the Software; and (iii) liability which Licensee has to any other person, regardless of whether such liabilities would arise from statute, negligence, contract, strict liability, or otherwise, including without limitation, the negligence of Licensor or its employees. In no event shall Licensor have any liability to Licensee hereunder for any software, firmware or hardware developed or provided by Licensee or any other party and used in connection with the Software. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. Further, Licensee agrees that Licensee’s content will not contain third-party-owned material that is subject to proprietary rights and restrictions unless Licensee has obtained the legal rights and authorities required to use such material in connection with the Software and Licensee’s Program. In no event shall Licensor or its officers, directors, managers, members, employees, or agents, be liable to Licensee for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of the Software’s secure servers and/or any and all personal information and/or financial information stored therein, (iii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of Licensee’s use of any content posted, emailed, transmitted, or otherwise made available via the Software, whether based on warranty, contract, tort, or any other legal theory, and whether or not Licensor or Licensee are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the appli...
Limitation of Liability; Exclusion of Consequential Damages. The cumulative liability of Resourceful Internet Solutions, Inc., to you for any and all claims relating to the Product(s) and any services rendered under this Agreement shall not exceed the total amount of all License Fees paid to Resourceful Internet Solutions, Inc. for the Product(s) within the prior year. In no event shall Resourceful Internet Solutions, Inc. be liable to you for any consequential, indirect, special, or incidental damages, even if Resourceful Internet Solutions, Inc. has been advised of the possibility of such potential loss or damage. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies.
Limitation of Liability; Exclusion of Consequential Damages. The cumulative liability of IAI to you for any and all claims relating to the Product(s) and any services rendered under this Agreement shall not exceed the total amount of all License Fees paid to IAI for the Product(s) within the prior year. This limitation shall not apply to the indemnification provided in Section 8 (“Indemnification”). In no event shall IAI be liable to you for any consequential, indirect, special, or incidental damages, even if IAI has been advised of the possibility of such potential loss or damage. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies.
