Common use of Aggregate Liability Clause in Contracts

Aggregate Liability. IN NO EVENT WILL EITHER PARTY’S CUMULATIVE LIABILITY TO THE OTHER PARTY, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, EXCEED THE AGGREGATE AMOUNT PAID OR OWED TO GRAYLOG BY CUSTOMER DURING THE ONE (1) YEAR PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION ACCRUED. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING LIMITATION WILL NOT LIMIT CUSTOMER OBLIGATIONS UNDER THE “FEES AND PAYMENT” SECTION ABOVE AND WILL NOT BE DEEMED TO LIMIT CUSTOMER RIGHTS TO ANY SERVICE LEVEL CREDITS UNDER ANY APPLICABLE SERVICE LEVEL SCHEDULE. FURTHERMORE, THE CAP ABOVE WILL NOT BE DEEMED TO LIMIT GRAYLOG’S RIGHT TO RECOVER AMOUNTS FOR CUSTOMERS USE OF THE SOFTWARE IN EXCESS OF THE CAPACITY PURCHASED OR USE OUTSIDE OF INTERNAL BUSINESS PURPOSES.