Common use of Disclaimer of Certain Damages Clause in Contracts

Disclaimer of Certain Damages. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DAMAGES FOR HARM TO BUSINESS, LOST SAVINGS OR LOST REVENUES, RESULTING FROM, ARISING OUT OF OR OTHERWISE IN CONNECTION WITH THE SOFTWARE, THE DOCUMENTATION OR THIS AGREEMENT, REGARDLESS OF THE FORM OF THE ACTION OR THE THEORY OF RECOVERY (INCLUDING, WITHOUT LIMITATION, TORT, NEGLIGENCE AND STRICT LIABILITY), EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, LICENSOR SHALL NOT BE LIABLE IN ANY RESPECT FOR ANY LOSSES (AS SUCH TERM IS DEFINED IN SECTION 7.1) RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATING TO (A) ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER OR (B) ANY COMBINATION, OPERATION OR USE OF ANY TECHNOLOGY, SOFTWARE, HARDWARE, FIRMWARE, DEVICE, SYSTEM OR NETWORK NOT PROVIDED BY LICENSOR, INCLUDING, WITHOUT LIMITATION, SECURITY ALARM DEVICES AND SYSTEMS, FIRE ALARM DEVICES AND SYSTEMS, AND GUNSHOT DETECTION DEVICES AND SYSTEMS.

Disclaimer of Certain Damages. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARYMAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL EITHER PARTY ITSCOASTAL BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, CONSEQUENTIAL, INCIDENTAL, RELIANCESPECIAL, EXEMPLARYEXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ITSCOASTAL PROPERTIES, PUNITIVE OR SPECIAL DAMAGESFOR ANY DAMAGES RESULTING FROM LOSS OF USE, INCLUDING, WITHOUT LIMITATION, LOST DATA OR PROFITS, DAMAGES FOR HARM TO BUSINESS, LOST SAVINGS OR LOST REVENUES, RESULTING FROM, ARISING OUT OF OR OTHERWISE IN CONNECTION WITH THE SOFTWAREITSCOASTAL PROPERTIES, THE DOCUMENTATION WHETHER OR THIS AGREEMENT, REGARDLESS OF THE FORM OF THE ACTION OR THE THEORY OF RECOVERY (INCLUDING, WITHOUT LIMITATION, TORT, NEGLIGENCE AND STRICT LIABILITY), EVEN IF THAT PARTY NOT ITSCOASTAL HAS BEEN ADVISED OF THE POSSIBILITY POSSIBLITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, LICENSOR SHALL NOT BE LIABLE IN ANY RESPECT OR FOR ANY LOSSES (AS SUCH TERM IS DEFINED IN SECTION 7.1) RESULTING FROM, DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR OTHERWISE RELATING IN CONNECTION WITH THE TERMS, RESULTING FROM: (1) THE USE OR INABILITY TO USE ITSCOASTAL PROPERTIES; (A2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ITSCOASTAL PROPERTIES; OR (5) ANY PERSONAL INJURYOTHER MATTER RELATED TO ITSCOASTAL PROPERTIES, DEATH WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER OR (B) ANY COMBINATION, OPERATION OR USE OF ANY TECHNOLOGY, SOFTWARE, HARDWARE, FIRMWARE, DEVICE, SYSTEM OR NETWORK NOT PROVIDED BY LICENSOR, INCLUDING, WITHOUT LIMITATION, SECURITY ALARM DEVICES AND SYSTEMS, FIRE ALARM DEVICES AND SYSTEMS, AND GUNSHOT DETECTION DEVICES AND SYSTEMSOTHER LEGAL THEORY.

Disclaimer of Certain Damages. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY CUSTOMER OR TALEND OR ITS LICENSORS BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, CONSEQUENTIALSPECIAL, INCIDENTAL, RELIANCE, EXEMPLARY, PUNITIVE INCIDENTAL OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, CONSEQUENTIAL DAMAGES FOR HARM TO BUSINESS, LOST SAVINGS OF ANY KIND IN CONNECTION WITH OR LOST REVENUES, RESULTING FROM, ARISING OUT OF THE USE OR OTHERWISE IN CONNECTION WITH INABILITY TO USE THE SOFTWARE, THE DOCUMENTATION OR THIS AGREEMENT, REGARDLESS OF THE FORM OF THE ACTION TALEND SOFTWARE OR THE THEORY TALEND CLOUD SERVICES, WHETHER ALLEGED AS A BREACH OF RECOVERY (INCLUDINGCONTRACT OR TORTIOUS CONDUCT, WITHOUT LIMITATION, TORT, NEGLIGENCE AND STRICT LIABILITY)INCLUDING NEGLIGENCE, EVEN IF THAT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TALEND WILL REMAIN LIABLE FOR DEATH AND PERSONAL INJURY IN JURISDICTIONS WHERE THIS LIABILITY MAY NOT BE RESTRICTED. THE TALEND CLOUD SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, INACCESSIBILITY AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET. TALEND IS NOT RESPONSIBLE AND DISCLAIMS ALL LIABILITY FOR ANY DELAYS, FAILURES OR DAMAGES RESULTING FROM SUCH PROBLEMS. YOU ARE FULLY RESPONSIBLE FOR INTERNET ACCESS AND CONNECTIVITY ISSUES. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT TO THE CONTRARY, LICENSOR SECTION 9.1 SHALL NOT BE LIABLE IN ANY RESPECT FOR ANY LOSSES (AS SUCH TERM IS DEFINED APPLY TO A BREACH THROUGH GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY CUSTOMER OF THE SCOPE OF THE LICENSE GRANTED IN SECTION 7.12.1 OR TO A BREACH BY EITHER PARTY OF ITS OBLIGATIONS UNDER SECTION 6 (CONFIDENTIALITY) RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATING TO (A) ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER OR (B) ANY COMBINATION, OPERATION OR USE OF ANY TECHNOLOGY, SOFTWARE, HARDWARE, FIRMWARE, DEVICE, SYSTEM OR NETWORK NOT PROVIDED BY LICENSOR, INCLUDING, WITHOUT LIMITATION, SECURITY ALARM DEVICES AND SYSTEMS, FIRE ALARM DEVICES AND SYSTEMS, AND GUNSHOT DETECTION DEVICES AND SYSTEMSTHIS AGREEMENT.

Disclaimer of Certain Damages. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARYFULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY WE, OR THE TALLY PARTIES, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE OTHER PARTY SERVICES FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, RELIANCEPUNITIVE, EXEMPLARYCOMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), PUNITIVE FOR (I) THE USE OR SPECIAL DAMAGESINABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, INCLUDINGDATA, WITHOUT LIMITATIONINFORMATION OR SERVICES PURCHASED OR OBTAINED, LOST PROFITS, DAMAGES OR MESSAGES RECEIVED FOR HARM TRANSACTIONS ENTERED INTO THROUGH SERVICES; (III) UNAUTHORIZED ACCESS TO BUSINESS, LOST SAVINGS OR LOST REVENUES, RESULTING FROM, ARISING OUT ALTERATION OF YOUR DATA; (IV) STATEMENTS OR OTHERWISE IN CONNECTION WITH CONDUCT OF ANY THIRD PARTY ON THE SOFTWARE, SERVICES; OR (V) ANY OTHER MATTER RELATED TO SERVICES. THE DOCUMENTATION OR THIS AGREEMENT, REGARDLESS FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF THE FORM OF THE ACTION TALLY PARTIES FOR (i) DEATH OR THE THEORY OF RECOVERY PERSONAL INJURY CAUSED BY A TALLY PARTY’S NEGLIGENCE; OR FOR (INCLUDING, WITHOUT LIMITATION, TORT, NEGLIGENCE AND STRICT LIABILITY), EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, LICENSOR SHALL NOT BE LIABLE IN ANY RESPECT FOR ANY LOSSES (AS SUCH TERM IS DEFINED IN SECTION 7.1) RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATING TO (Aii) ANY PERSONAL INJURY, DEATH INJURY CAUSED BY A TALLY PARTY’S FRAUD OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER OR (B) ANY COMBINATION, OPERATION OR USE OF ANY TECHNOLOGY, SOFTWARE, HARDWARE, FIRMWARE, DEVICE, SYSTEM OR NETWORK NOT PROVIDED BY LICENSOR, INCLUDING, WITHOUT LIMITATION, SECURITY ALARM DEVICES AND SYSTEMS, FIRE ALARM DEVICES AND SYSTEMS, AND GUNSHOT DETECTION DEVICES AND SYSTEMSFRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Damages. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DAMAGES FOR HARM TO BUSINESS, LOST SAVINGS OR LOST REVENUES, RESULTING FROM, ARISING OUT OF OR OTHERWISE IN CONNECTION WITH THE SOFTWARE, THE DOCUMENTATION OR THIS AGREEMENT, REGARDLESS OF THE FORM OF THE ACTION OR THE THEORY OF RECOVERY (INCLUDING, WITHOUT LIMITATION, TORT, NEGLIGENCE AND STRICT LIABILITY)RECOVERY, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, LICENSOR SHALL NOT BE LIABLE IN ANY RESPECT FOR ANY LOSSES (AS SUCH TERM IS DEFINED IN SECTION 7.110.1) RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATING TO (A) ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER OR (B) ANY COMBINATION, OPERATION OR USE OF ANY TECHNOLOGY, SOFTWARE, HARDWARE, FIRMWARE, DEVICE, SYSTEM OR NETWORK NOT PROVIDED BY LICENSOR, INCLUDING, WITHOUT LIMITATION, SECURITY ALARM DEVICES AND SYSTEMS, FIRE ALARM DEVICES AND SYSTEMS, AND GUNSHOT DETECTION DEVICES AND SYSTEMS.

Disclaimer of Certain Damages. NOTWITHSTANDING ANYTHING EXCEPT IN THIS AGREEMENT TO THE CONTRARYCONNECTION WITH FULFILLMENT OF INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL EITHER PARTY WILL FELDERA OR ITS LICENSORS BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, CONSEQUENTIALSPECIAL, INCIDENTAL, RELIANCE, EXEMPLARY, PUNITIVE INCIDENTAL OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, CONSEQUENTIAL DAMAGES FOR HARM TO BUSINESS, LOST SAVINGS OF ANY KIND IN CONNECTION WITH OR LOST REVENUES, RESULTING FROM, ARISING OUT OF THE USE OR OTHERWISE IN CONNECTION WITH INABILITY TO USE THE SOFTWARESERVICES, OR THE DOCUMENTATION PERFORMANCE OF OR THIS FAILURE TO PERFORM UNDER THE AGREEMENT, REGARDLESS WHETHER ALLEGED AS A BREACH OF THE FORM OF THE ACTION CONTRACT OR THE THEORY OF RECOVERY (INCLUDINGTORTIOUS CONDUCT, WITHOUT LIMITATION, TORT, NEGLIGENCE AND STRICT LIABILITY)INCLUDING NEGLIGENCE, EVEN IF THAT PARTY FELDERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, INACCESSIBILITY AND OTHER PROBLEMS INHERENT IN THIS AGREEMENT TO THE CONTRARY, LICENSOR SHALL USE OF THE INTERNET. FELDERA IS NOT BE LIABLE IN ANY RESPECT RESPONSIBLE AND DISCLAIMS ALL LIABILITY FOR ANY LOSSES (AS DELAYS, FAILURES OR DAMAGES RESULTING FROM SUCH TERM PROBLEMS. THE USER IS DEFINED IN SECTION 7.1) RESULTING FROM, ARISING OUT OF FULLY RESPONSIBLE FOR INTERNET ACCESS AND CONNECTIVITY ISSUES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR OTHERWISE RELATING TO (A) ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER OR (B) ANY COMBINATION, OPERATION OR USE OF ANY TECHNOLOGY, SOFTWARE, HARDWARE, FIRMWARE, DEVICE, SYSTEM OR NETWORK NOT PROVIDED BY LICENSOR, INCLUDING, WITHOUT LIMITATION, SECURITY ALARM DEVICES AND SYSTEMS, FIRE ALARM DEVICES AND SYSTEMS, AND GUNSHOT DETECTION DEVICES AND SYSTEMSLIMITED UNDER APPLICABLE LAW.