Common use of LIMITATION ON AND EXCLUSION OF DAMAGES Clause in Contracts

LIMITATION ON AND EXCLUSION OF DAMAGES. Except for liability for death or personal injury caused by AIXDSP ’s negligence or fraud, or other liability that cannot lawfully be excluded or restricted, you may recover from AIXDSP and its suppliers only direct damages up to the amount you paid for the software. You cannot recover lost profits, data loss, business damage, damages that are not reasonably foreseeable, or any other loss or damages including consequential, special, indirect or incidental damages. This limitation applies to: • the software and anything related to it; • services provided in connection with the software; • hardware provided with the software; • third party content, including programs and information; and • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if: • repair, replacement or a refund for the software does not fully compensate you for any losses; or • AIXDSP knew or should have known about the possibility of the damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you. The limitation or exclusion also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

Appears in 1 contract

Samples: End User License Agreement

AutoNDA by SimpleDocs

LIMITATION ON AND EXCLUSION OF DAMAGES. Except for liability for death or personal injury caused by AIXDSP Avid’s negligence or fraud, or other liability that cannot lawfully be excluded or restricted, you may recover from AIXDSP Avid and its suppliers only direct damages up to the amount you paid for the software. You cannot recover lost profits, data loss, business damage, damages that are not reasonably foreseeable, or any other loss or damages including consequential, special, indirect or incidental damages. This limitation applies to: • the software and anything related to it; • services provided in connection with the software; • hardware provided with the software; • third party content, including programs and information; and • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if: • repair, replacement or a refund for the software does not fully compensate you for any losses; or • AIXDSP Avid knew or should have known about the possibility of the damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you. The limitation or exclusion also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

Appears in 1 contract

Samples: Avid Software License Agreement

LIMITATION ON AND EXCLUSION OF DAMAGES. Except for liability for death or personal injury caused by AIXDSP Compusystem’s negligence or fraud, or other liability that cannot lawfully be excluded or restricted, you may recover from AIXDSP Compusystem and its suppliers only direct damages up to the amount you paid for the software. You cannot recover lost profits, data loss, business damage, damages that are not reasonably foreseeable, or any other loss or damages including consequential, special, indirect or incidental damages. This limitation applies to: the software and anything related to it; services provided in connection with the software; hardware provided with the software; third party content, including programs and information; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if: repair, replacement or a refund for the software does not fully compensate you for any losses; or • AIXDSP Compusystem knew or should have known about the possibility of the damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you. The limitation or exclusion also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

Appears in 1 contract

Samples: Quickdub Technology Software License Agreement

AutoNDA by SimpleDocs

LIMITATION ON AND EXCLUSION OF DAMAGES. Except for liability for death or personal injury caused by AIXDSP Avid’s negligence or fraud, or other liability that cannot lawfully be excluded or restricted, you may recover from AIXDSP Avid and its suppliers only direct damages up to the amount you paid for the software. You cannot recover lost profits, data loss, business damage, damages that are not reasonably foreseeable, or any other loss or damages including consequential, special, indirect or incidental damages. This limitation applies to: the software and anything related to it; services provided in connection with the software; hardware provided with the software; third party content, including programs and information; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if: repair, replacement or a refund for the software does not fully compensate you for any losses; or • AIXDSP  Avid knew or should have known about the possibility of the damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you. The limitation or exclusion also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

Appears in 1 contract

Samples: Avid Software License Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.