Common use of Damages and Liability Clause in Contracts

Damages and Liability. EXCEPT FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGES WHICH DIRECTLY RESULTS FROM THE NEGLIGENT OR INTENTIONALLY WRONGFUL ACTS OR OMISSIONS OF EITHER PARTY; (A) UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR DAMAGE TO BUSINESS OR BUSINESS RELATIONS), HOWEVER CAUSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR ANY ORDER FOR PRODUCT ARISING HEREUNDER OR THE PURCHASE OR USE OF PRODUCT OR SERVICES FURNISHED BY NEWBRIDGE TO CUSTOMER; and (B) WITH THE EXCEPTION OF DAMAGES FOR THE BREACH OF OBLIGATIONS FOR WILLFUL MISUSE OR MISAPPROPRIATION OF SOFTWARE AND/OR CONFIDENTIAL OR PROPRIETARY INFORMATION IN NO EVENT WILL EITHER PARTY'S TOTAL LIABILITY, IN DAMAGES OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY PAID OR OWED FOR THE PARTICULAR SERVICE OR UNIT OF PRODUCT WHICH IS THE SUBJECT OF A CLAIM OR DISPUTE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRODUCT OR SERVICES FURNISHED BY NEWBRIDGE MAY BE BROUGHT BY CUSTOMER MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED OR SUCH SHORTER STATUTORY PERIOD AS MAY BE APPLICABLE.

Damages and Liability. EXCEPT FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGES WHICH DIRECTLY RESULTS FROM 12.1 TO THE NEGLIGENT OR INTENTIONALLY WRONGFUL ACTS OR OMISSIONS OF EITHER PARTY; (A) UNDER MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE THAT IN NO CIRCUMSTANCES WILL EITHER PARTY EVENT SHALL SIDEWARE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR DAMAGE CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO BUSINESS MEET ANY DUTY INCLUDING OF GOOD FAITH OR BUSINESS RELATIONS)OF REASONABLE CARE, HOWEVER CAUSEDFOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR ANY ORDER FOR PRODUCT ARISING HEREUNDER OR RELATED TO THE PURCHASE OR USE OF PRODUCT OR SERVICES FURNISHED BY NEWBRIDGE INABILITY TO CUSTOMER; and USE PRODUCTS PURCHASED UNDER THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (B) WITH THE EXCEPTION OF DAMAGES FOR THE INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF OBLIGATIONS FOR WILLFUL MISUSE CONTRACT, OR MISAPPROPRIATION BREACH OF SOFTWARE AND/OR CONFIDENTIAL OR PROPRIETARY INFORMATION WARRANTY OF SIDEWARE, AND EVEN IF SIDEWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EITHER PARTYSIDEWARE'S TOTAL LIABILITY, IN DAMAGES OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY PAID OR OWED RECEIVED BY SIDEWARE FOR SELLING THE PARTICULAR SERVICE OR UNIT OF PRODUCT WHICH IS THE SUBJECT OF A CLAIM OR DISPUTEPRODUCTS. NO ACTION, ACTION REGARDLESS OF FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRODUCT OR SERVICES FURNISHED PRODUCTS SOLD BY NEWBRIDGE SIDEWARE MAY BE BROUGHT BY CUSTOMER THE DISTRIBUTOR MORE THAN TWO (2) YEARS AFTER THE CAUSE OF AN ACTION HAS ACCRUED OR SUCH SHORTER STATUTORY PERIOD AS MAY BE APPLICABLE.

Damages and Liability. EXCEPT FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGES WHICH DIRECTLY RESULTS FROM 12.1 TO THE NEGLIGENT OR INTENTIONALLY WRONGFUL ACTS OR OMISSIONS OF EITHER PARTY; (A) UNDER MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE THAT IN NO CIRCUMSTANCES WILL EITHER PARTY EVENT SHALL SIDEWARE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR DAMAGE CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO BUSINESS MEET ANY DUTY INCLUDING OF GOOD FAITH OR BUSINESS RELATIONS)OF REASONABLE CARE, HOWEVER CAUSEDFOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR ANY ORDER FOR PRODUCT ARISING HEREUNDER OR RELATED TO THE PURCHASE OR USE OF PRODUCT OR SERVICES FURNISHED BY NEWBRIDGE INABILITY TO CUSTOMER; and USE PRODUCTS DEVELOPED PURSUANT TO THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (B) WITH THE EXCEPTION OF DAMAGES FOR THE INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF OBLIGATIONS FOR WILLFUL MISUSE CONTRACT, OR MISAPPROPRIATION BREACH OF SOFTWARE AND/OR CONFIDENTIAL OR PROPRIETARY INFORMATION WARRANTY OF SIDEWARE, AND EVEN IF SIDEWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EITHER PARTYSIDEWARE'S TOTAL LIABILITY, IN DAMAGES OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY PAID OR OWED RECEIVED BY SIDEWARE FOR DEVELOPING THE PARTICULAR SERVICE OR UNIT OF PRODUCT WHICH IS THE SUBJECT OF A CLAIM OR DISPUTEPRODUCTS. NO ACTION, ACTION REGARDLESS OF FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRODUCT OR SERVICES FURNISHED PRODUCTS DEVELOPED BY NEWBRIDGE SIDEWARE MAY BE BROUGHT BY CUSTOMER THE DISTRIBUTOR MORE THAN TWO (2) YEARS AFTER THE CAUSE OF AN ACTION HAS ACCRUED OR SUCH SHORTER STATUTORY PERIOD AS MAY BE APPLICABLE.

Damages and Liability. EXCEPT FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGES WHICH DIRECTLY RESULTS FROM 12.1 TO THE NEGLIGENT OR INTENTIONALLY WRONGFUL ACTS OR OMISSIONS OF EITHER PARTY; (A) UNDER MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE THAT IN NO CIRCUMSTANCES WILL EITHER PARTY EVENT SHALL SIDEWARE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR DAMAGE CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO BUSINESS MEET ANY DUTY INCLUDING OF GOOD FAITH OR BUSINESS RELATIONS)OF REASONABLE CARE, HOWEVER CAUSEDFOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR ANY ORDER FOR PRODUCT ARISING HEREUNDER OR RELATED TO THE PURCHASE OR USE OF PRODUCT OR SERVICES FURNISHED BY NEWBRIDGE INABILITY TO CUSTOMER; and USE SOFTWARE PROVIDED PURSUANT TO THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (B) WITH THE EXCEPTION OF DAMAGES FOR THE INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF OBLIGATIONS FOR WILLFUL MISUSE CONTRACT, OR MISAPPROPRIATION BREACH OF SOFTWARE AND/OR CONFIDENTIAL OR PROPRIETARY INFORMATION WARRANTY OF SIDEWARE, AND EVEN IF SIDEWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EITHER PARTYSIDEWARE'S TOTAL LIABILITY, IN DAMAGES OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY PAID OR OWED RECEIVED BY SIDEWARE FOR FURNISHING THE PARTICULAR SERVICE OR UNIT OF PRODUCT WHICH IS THE SUBJECT OF A CLAIM OR DISPUTESOFTWARE. NO ACTION, ACTION REGARDLESS OF FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRODUCT OR SERVICES SOFTWARE FURNISHED BY NEWBRIDGE SIDEWARE MAY BE BROUGHT BY CUSTOMER DEVELOPER MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED OR SUCH SHORTER STATUTORY PERIOD AS MAY BE APPLICABLE.THAN