Cap on Liability; Exclusions Sample Clauses

Cap on Liability; Exclusions. EACH PARTY’S MAXIMUM LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE, SHALL BE EXPRESSLY LIMITED AS FOLLOWS: A. IN NO EVENT SHALL EITHER PARTY OR ANY OF THEIR EMPLOYEES OR AGENTS HAVE ANY LIABILITY FOR ANY OF THE FOLLOWING LOSSES OR DAMAGE (WHETHER SUCH LOSSES OR DAMAGE WERE FORESEEN, FORESEEABLE, KNOWN OR (I) LOSS OF REVENUE; (II) LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING FOR LOSS OF PROFITS ON CONTRACTS); (III) LOSS OF THE USE OF MONEY; (IV) LOSS OF ANTICIPATED SAVINGS; (V) LOSS OF BUSINESS; (VI) LOSS OF OPPORTUNITY; (VII) LOSS OF GOODWILL; (VIII) LOSS OF REPUTATION; (IX) LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; (X) COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (XI) ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED (INCLUDING, FOR THE AVOIDANCE OF DOUBT, WHERE SUCH LOSS OR DAMAGE IS OF THE TYPE SPECIFIED IN (I) - (X) ABOVE); B. VERINT SHALL NOT BE RESPONSIBLE OR LIABLE FOR RECOVERY OF ANY DATA, AND CUSTOMER ACKNOWLEDGES THAT CUSTOMER IS RESPONSIBLE FOR ANY AND ALL DATA, DATA BACKUP, AND DATA RECOVERY; C. VERINT SHALL NOT BE LIABLE FOR ANY OTHER LOSSES IN AN AMOUNT EXCEEDING THE FEES PAID HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING THE DATE UPON WHICH THE LIABILITY AROSE; D. VERINT SHALL NOT BE LIABLE FOR TO ANY PERSON NOT A PARTY TO THIS AGREEMENT, WHETHER STATUTORY (INCLUDING, WITHOUT LIMITATION, ANY ACTS, DIRECTIVES, RULES OR REGULATIONS RELATING TO THE PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION), COMMON LAW, OR OTHERWISE. IN NO EVENT SHALL ANY PARENT, SUBSIDIARY, AFFILIATE OR LICENSOR OF VERINT, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR REPRESENTATIVES THERETO (COLLECTIVELY “OTHER PARTIES”), BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND OR NATURE OR IN ANY MANNER WHATSOEVER; PROVIDED IF SUCH LIABILITY ARISES AND IS NON- EXCLUDABLE AS A MATTER OF LAW, SUCH OTHER PARTIES SHALL HAVE THE BENEFIT OF THE OTHER LIMITATIONS ON LIABILITY SPECIFIED IN THIS SECTION 10. THIS SECTION 10 SHALL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT DESPITE ANY FAILURE OF ESSENTIAL PURPOSE, CONSIDERATION, OR OF AN EXCLUSIVE REMEDY.