Common use of TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW Clause in Contracts

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. (1) IN NO EVENT SHALL ENCLUSTRA OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF DATA, LOST PROFITS, GOODWILL, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING UNDER, RELATED TO, OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR OPERATION OF THE LICENSED MATERIALS, IN WHOLE OR IN PART, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY; (2) IN NO EVENT SHALL THE ENTIRE LIABILITY OF ENCLUSTRA OR ITS LICENSORS ARISING UNDER, RELATED TO, OR IN CONNECTION WITH THIS AGREEMENT, EXCEED THE AMOUNT OF LICENSE FEES RECEIVED BY ENCLUSTRA FROM LICENSEE FOR THE APPLICABLE LICENSED MATERIALS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY; (3) THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE OR IF ENCLUSTRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (4) THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES HEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. (1) IN NO EVENT SHALL ENCLUSTRA NETTIMELOGIC OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF DATA, LOST PROFITS, GOODWILL, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING UNDER, RELATED TO, OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR OPERATION OF THE LICENSED MATERIALS, IN WHOLE OR IN PART, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY; (2) IN NO EVENT SHALL THE ENTIRE LIABILITY OF ENCLUSTRA NETTIMELOGIC OR ITS LICENSORS ARISING UNDER, RELATED TO, OR IN CONNECTION WITH THIS AGREEMENT, EXCEED THE AMOUNT OF LICENSE FEES RECEIVED BY ENCLUSTRA NETTIMELOGIC FROM LICENSEE FOR THE APPLICABLE LICENSED MATERIALS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY; (3) THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE OR IF ENCLUSTRA NETTIMELOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (4) THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES HEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. (1) IN NO EVENT SHALL ENCLUSTRA OR ITS LICENSORS WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OF DATADAMAGES HOWEVER CAUSED (INCLUDING, LOST PROFITSWITHOUT LIMITATION, GOODWILL, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL OR INDIRECT DAMAGES, DAMAGES ARISING UNDERFOR LOSS OF PROFITS, RELATED TOINTERRUPTION OF ACTIVITY, LOSS OF INFORMATION, NEGLIGENCE, OR IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER LOSS WHATSOEVER), ARISING OUT OF THE USE OF OR OPERATION OF INABILITY TO USE THE LICENSED MATERIALS, IN WHOLE OR IN PART, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY; (2) IN NO EVENT SHALL THE ENTIRE LIABILITY OF ENCLUSTRA OR ITS LICENSORS ARISING UNDER, RELATED TO, OR IN CONNECTION WITH SOFTWARE PRODUCT. THIS AGREEMENT, EXCEED THE AMOUNT OF LICENSE FEES RECEIVED BY ENCLUSTRA FROM LICENSEE FOR THE APPLICABLE LICENSED MATERIALS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY; (3) THESE LIMITATIONS AND EXCLUSIONS LIMITATION SHALL APPLY EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE OR IF ENCLUSTRA HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; . THE SOFTWARE PRODUCT IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND (4) THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE PERFORMANCE OF THE ESSENTIAL PURPOSE SOFTWARE PRODUCT IS ASSUMED BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED (WHETHER BY STATUTE, COMMON LAW, COLLATERALLY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO WARRANTIES OF ANY LIMITED REMEDIES HEREIN.SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, LACK OF NEGLIGENCE,