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.

Aggregate Liability. TO THE EXTENT NOT PROHIBITED BY LAW, EXCEPT FOR CUSTOMER’S LIABILITY ARISING UNDER OR IN CONNECTION WITH SECTIONS 2 AND 3 AND CUSTOMER’S PAYMENT OBLIGATIONS UNDER SECTION 4, THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY, TOGETHER WITH ITS RESPECTIVE AFFILIATES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE DPA AND ALL ORDER FORMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED IN THE AGGREGATE THE TOTAL PAYMENTS MADE BY CUSTOMER TO CONTENTSTACK (LESS ANY SERVICE CREDITS OR AMOUNTS REFUNDED OR CREDITED) IN THE TWELVE (12) MONTHS PRECEDING THE FIRST CLAIM MADE UNDER THIS AGREEMENT AND/OR ANY APPLICABLE ORDER FORM(S). CUSTOMER SHALL BE LIABLE FOR THE ACTS AND OMISSIONS OF ITS USERS AND AFFILIATES. 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. SHALL CONTENTSTACK BE LIABLE FOR THE AVOIDANCE ACTS OR OMISSIONS 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.ITS AUTHORIZED RESELLERS.11.2

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. 12. Term and Termination. 12.1. 12.2. 12.3. 12.4. 12.5. 13. Privacy. 13.1. 13.2. 14. General.