Common use of Disclaimer Limitation on Liability Clause in Contracts

Disclaimer Limitation on Liability. Disclaimer: THE LIMITED WARRANTY ABOVE IS THE SOLE WARRANTY MADE BY CLOUDLINUX. CLOUDLINUX MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED BY CLOUDLINUX. Limitation on Consequential Damages: IN NO EVENT SHALL CLOUDLINUX BE LIABLE TO YOU, AS LICENSEE, OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR SIMILAR LOSSES) EVEN IF CLOUDLINUX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLOUDLINUX SHALL HAVE NO LIABILITY OF ANY KIND RELATED TO YOUR DATA, INCLUDING, BUT NOT LIMITED TO, THE LOSS OR DAMAGE THEREOF. Limitation on Liability: THE CUMULATIVE LIABILITY OF CLOUDLINUX TO YOU FOR ALL CLAIMS RELATED TO THE PROGRAMS AND THIS LICENSE AGREEMENT, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL LICENSE FEES (AND NO OTHER FEES) PAID TO CLOUDLINUX FOR THE PROGRAMS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INITIAL EVENT GIVING RISE TO THE CLAIM. All limitations on liability, damages and claims are intended to apply without regard to whether other provisions of this License Agreement have been breached or have proven ineffective.

Disclaimer Limitation on Liability. Disclaimer: THE LIMITED WARRANTY ABOVE IS THE SOLE WARRANTY MADE BY CLOUDLINUXTUXCARE. CLOUDLINUX TUXCARE MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED BY CLOUDLINUXTUXCARE. Limitation on Consequential Damages: IN NO EVENT SHALL CLOUDLINUX TUXCARE BE LIABLE TO YOU, AS LICENSEE, OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR SIMILAR LOSSES) EVEN IF CLOUDLINUX TUXCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLOUDLINUX TUXCARE SHALL HAVE NO LIABILITY OF ANY KIND RELATED TO YOUR DATA, INCLUDING, BUT NOT LIMITED TO, THE LOSS OR DAMAGE THEREOF. Limitation on Liability: THE CUMULATIVE LIABILITY OF CLOUDLINUX TUXCARE TO YOU FOR ALL CLAIMS RELATED TO THE PROGRAMS AND THIS LICENSE AGREEMENT, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL LICENSE FEES (AND NO OTHER FEES) PAID TO CLOUDLINUX TUXCARE FOR THE PROGRAMS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INITIAL EVENT GIVING RISE TO THE CLAIM. All limitations on liability, damages damages, and claims are intended to apply without regard to whether other provisions of this License Agreement have been breached or have proven ineffective.

Disclaimer Limitation on Liability. Disclaimer: THE LIMITED WARRANTY ABOVE AVAILABILITY OF THE SITE AND THE SERVICES DEPENDS ON MANY FACTORS, INCLUDING YOUR CONNECTION SPEED TO THE INTERNET, THE AVAILABILITY OF THE INTERNET, AND THE INTERNET BACKBONE AND EQUIPMENT THAT, BY ITS NATURE, IS NOT FAULT TOLERANT. ALTHOUGH DISTRIBUTORCENTRAL WILL ATTEMPT TO MAINTAIN THE SOLE WARRANTY MADE BY CLOUDLINUX. CLOUDLINUX MAKES NO AVAILABILITY OF THE SITE AND THE SERVICES AT ALL TIMES (OTHER WARRANTY THAN DURING SCHEDULED OR EMERGENCY MAINTENANCE), THE SITE AND THE SERVICES ARE HEREBY EXPRESSLY PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVERKIND, EITHER EXPRESS OR IMPLIED. ANY AND ALL , INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE. ANY SECURITY MECHANISMS INCORPORATED IN THE SITE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED THE SERVICES HAVE INHERENT LIMITATIONS AND EXCLUDED BY CLOUDLINUXYOU MUST DETERMINE THAT THE SITE AND THE SOFTWARE ADEQUATELY MEET YOUR REQUIREMENTS. Limitation on Consequential Damages: YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL AND/OR DATA OR OTHER USE OF THE SERVICES. DISTRIBUTORCENTRAL, AND ITS MEMBERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF DISTRIBUTORCENTRAL IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN NO EVENT SHALL CLOUDLINUX BE LIABLE ANY WAY FROM YOUR USE OR INABILITY TO YOUUSE THE SITE OR THE SERVICES, AS LICENSEEOR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER PERSON FAILURE OF PERFORMANCE OF THE SITE OR THE SERVICES. DISTRIBUTORCENTRAL’S LIABILITY TO YOU SHALL NOT, FOR ANY INDIRECTREASON, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR BUSINESS PROFITSEXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY YOU TO DISTRIBUTORCENTRAL OVER THE PREVIOUS SIX CALENDAR MONTHS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR SIMILAR LOSSES) EVEN IF CLOUDLINUX HAS BEEN ADVISED WHICH YOU AGREE TO BE A REASONABLE LIMITATION AND A BASIS OF THE POSSIBILITY BARGAIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF SUCH DAMAGES. CLOUDLINUX SHALL HAVE NO LIABILITY CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF ANY KIND RELATED THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOUR DATA, INCLUDING, BUT NOT LIMITED TO, THE LOSS OR DAMAGE THEREOF. Limitation on Liability: THE CUMULATIVE LIABILITY OF CLOUDLINUX TO YOU FOR ALL CLAIMS RELATED TO THE PROGRAMS AND THIS LICENSE AGREEMENT, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL LICENSE FEES (AND NO OTHER FEES) PAID TO CLOUDLINUX FOR THE PROGRAMS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INITIAL EVENT GIVING RISE TO THE CLAIM. All limitations on liability, damages and claims are intended to apply without regard to whether other provisions of this License Agreement have been breached or have proven ineffectiveYOU.

Disclaimer Limitation on Liability. Disclaimer: THE EXCEPT AS EXPRESSLY SET FORTH IN AUDIENCE’S LIMITED WARRANTY ABOVE IS THE SOLE WARRANTY MADE BY CLOUDLINUX. CLOUDLINUX APPLICABLE TO PRODUCTS, AUDIENCE MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH REGARD PRODUCTS OR SERVICE TO DISTRIBUTOR OR TO ANY OTHER PARTY. AUDIENCE RESERVES THE RIGHT TO CHANGE THE WARRANTY OF AND SERVICE POLICY SET FORTH IN SUCH LIMITED WARRANTY, OR OTHERWISE, AT ANY KIND WHATSOEVERTIME, WITHOUT FURTHER NOTICE AND WITHOUT LIABILITY TO DISTRIBUTOR OR TO ANY OTHER PARTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AUDIENCE HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ANY AND ALL , INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED BY CLOUDLINUXFITNESS FOR ANY PARTICULAR PURPOSE. Limitation on Consequential Damages: **** Certain information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. AUDIENCE’S LIABILITY ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO [****] GIVING RISE TO THE APPLICABLE CLAIM. IN NO EVENT SHALL CLOUDLINUX AUDIENCE BE LIABLE TO YOUFOR ANY COST OF SUBSTITUTE GOODS OR SERVICES OR FOR CONSEQUENTIAL, AS LICENSEESPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, HOWEVER CAUSED AND BASED ON ANY OTHER PERSON THEORY OF LIABILITY, WHETHER FOR ANY INDIRECTBREACH OF CONTRACT, CONSEQUENTIAL OR INCIDENTAL DAMAGES TORT (INCLUDING DAMAGES FOR BUSINESS NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR SIMILAR LOSSES) EVEN IF CLOUDLINUX AUDIENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLOUDLINUX THESE LIMITATIONS SHALL HAVE NO LIABILITY APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY KIND RELATED TO YOUR DATA, INCLUDING, BUT NOT LIMITED TO, REMEDIES. THE LOSS OR DAMAGE THEREOF. Limitation on Liability: PARTIES AGREE THAT THE CUMULATIVE LIABILITY FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF CLOUDLINUX TO YOU FOR ALL CLAIMS RELATED TO THE PROGRAMS AND RISK UNDER THIS LICENSE AGREEMENT, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL LICENSE FEES (AND NO OTHER FEES) PAID TO CLOUDLINUX FOR THE PROGRAMS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INITIAL EVENT GIVING RISE TO THE CLAIM. All limitations on liability, damages and claims are intended to apply without regard to whether other provisions of this License Agreement have been breached or have proven ineffective.