Common use of Disclaimer of Certain Damages Clause in Contracts

Disclaimer of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ITSCOASTAL BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ITSCOASTAL PROPERTIES, OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH ITSCOASTAL PROPERTIES, WHETHER OR NOT ITSCOASTAL HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, RESULTING FROM: (1) THE USE OR INABILITY TO USE ITSCOASTAL PROPERTIES; (2) 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 OTHER MATTER RELATED TO ITSCOASTAL PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

Disclaimer of Certain Damages. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAWCONTRARY, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ITSCOASTAL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITSINDIRECT, REVENUE OR DATA, INDIRECTCONSEQUENTIAL, INCIDENTAL, SPECIALRELIANCE, EXEMPLARY EXEMPLARY, PUNITIVE OR CONSEQUENTIAL SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DAMAGES ARISING OUT OF FOR HARM TO BUSINESS, LOST SAVINGS OR IN CONNECTION WITH ITSCOASTAL PROPERTIESLOST REVENUES, OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITSFROM, ARISING OUT OF OR OTHERWISE IN CONNECTION WITH ITSCOASTAL PROPERTIESTHE SOFTWARE, WHETHER THE DOCUMENTATION OR NOT ITSCOASTAL THIS AGREEMENT, REGARDLESS OF THE FORM OF THE ACTION OR THE THEORY OF RECOVERY, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBLITY POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, OR LICENSOR SHALL NOT BE LIABLE IN ANY RESPECT FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS LOSSES (AS SUCH TERM IS DEFINED IN SECTION 10.1) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE TERMSOTHERWISE RELATING TO (A) ANY PERSONAL INJURY, RESULTING FROM: (1) THE USE DEATH OR INABILITY TO USE ITSCOASTAL PROPERTIES; (2) 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 PROPERTY DAMAGE OF ANY THIRD PARTY ON ITSCOASTAL PROPERTIES; NATURE WHATSOEVER OR (5B) ANY OTHER MATTER RELATED TO ITSCOASTAL PROPERTIESCOMBINATION, WHETHER BASED ON WARRANTYOPERATION OR USE OF ANY TECHNOLOGY, COPYRIGHTSOFTWARE, CONTRACTHARDWARE, TORT (INCLUDING NEGLIGENCE)FIRMWARE, DEVICE, SYSTEM OR ANY OTHER LEGAL THEORYNETWORK NOT PROVIDED BY LICENSOR.

Disclaimer of Certain Damages. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAWCONTRARY, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ITSCOASTAL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITSINDIRECT, REVENUE OR DATA, INDIRECTCONSEQUENTIAL, INCIDENTAL, SPECIALRELIANCE, EXEMPLARY EXEMPLARY, PUNITIVE OR CONSEQUENTIAL SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DAMAGES ARISING OUT OF FOR HARM TO BUSINESS, LOST SAVINGS OR IN CONNECTION WITH ITSCOASTAL PROPERTIESLOST REVENUES, OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITSFROM, ARISING OUT OF OR OTHERWISE IN CONNECTION WITH ITSCOASTAL PROPERTIESTHE SOFTWARE, WHETHER THE DOCUMENTATION OR NOT ITSCOASTAL 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 POSSIBLITY POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, OR LICENSOR SHALL NOT BE LIABLE IN ANY RESPECT FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS LOSSES (AS SUCH TERM IS DEFINED IN SECTION 7.1) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE TERMSOTHERWISE RELATING TO (A) ANY PERSONAL INJURY, RESULTING FROM: (1) THE USE DEATH OR INABILITY TO USE ITSCOASTAL PROPERTIES; (2) 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 PROPERTY DAMAGE OF ANY THIRD PARTY ON ITSCOASTAL PROPERTIES; NATURE WHATSOEVER OR (5B) ANY OTHER MATTER RELATED TO ITSCOASTAL PROPERTIESCOMBINATION, WHETHER BASED ON WARRANTYOPERATION OR USE OF ANY TECHNOLOGY, COPYRIGHTSOFTWARE, CONTRACTHARDWARE, TORT (INCLUDING NEGLIGENCE)FIRMWARE, DEVICE, SYSTEM OR ANY OTHER LEGAL THEORYNETWORK 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. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ITSCOASTAL WE, OR THE TALLY PARTIES, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR ANY LOSS OF LOST PROFITS, REVENUE DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR DATASERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, SPECIALPUNITIVE, EXEMPLARY COMPENSATORY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ITSCOASTAL PROPERTIESANY KIND WHATSOEVER (HOWEVER ARISING), OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH ITSCOASTAL PROPERTIES, WHETHER OR NOT ITSCOASTAL HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, RESULTING FROM: (1I) THE USE OR INABILITY TO USE ITSCOASTAL PROPERTIESTHE SERVICES; (2II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OBTAINED, OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIESSERVICES; (3III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ITSCOASTAL PROPERTIESTHE SERVICES; OR (5V) ANY OTHER MATTER RELATED TO ITSCOASTAL PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF THE TALLY PARTIES FOR (INCLUDING i) DEATH OR PERSONAL INJURY CAUSED BY A TALLY PARTY’S NEGLIGENCE), ; OR FOR (ii) ANY OTHER LEGAL THEORYINJURY CAUSED BY A TALLY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ITSCOASTAL CUSTOMER OR TALEND OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY COST OF SUBSTITUTE GOODS OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ITSCOASTAL PROPERTIESSERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM LOSS OF USE, DATA ANY KIND IN CONNECTION WITH OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH ITSCOASTAL PROPERTIES, WHETHER OR NOT ITSCOASTAL HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, RESULTING FROM: (1) THE USE OR INABILITY TO USE ITSCOASTAL PROPERTIES; (2) THE COST TALEND SOFTWARE OR THE TALEND CLOUD SERVICES, WHETHER ALLEGED AS A BREACH OF PROCUREMENT CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF A PARTY HAS BEEN ADVISED OF SUBSTITUTE GOODS THE POSSIBILITY OF SUCH DAMAGES. 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 SERVICES DAMAGES RESULTING FROM ANY GOODS, DATA, INFORMATION SUCH PROBLEMS. YOU ARE FULLY RESPONSIBLE FOR INTERNET ACCESS AND CONNECTIVITY ISSUES. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9.1 SHALL NOT APPLY TO A BREACH THROUGH GROSS NEGLIGENCE OR SERVICES PURCHASED INTENTIONAL MISCONDUCT BY CUSTOMER OF THE SCOPE OF THE LICENSE GRANTED IN SECTION 2.1 OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; TO A BREACH BY EITHER PARTY OF ITS OBLIGATIONS UNDER SECTION 6 (3CONFIDENTIALITY) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ITSCOASTAL PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO ITSCOASTAL PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORYTHIS AGREEMENT.

Disclaimer of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAWEXCEPT IN CONNECTION WITH FULFILLMENT OF INDEMNIFICATION OBLIGATIONS HEREUNDER, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ITSCOASTAL WILL FELDERA OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY COST OF SUBSTITUTE GOODS OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ITSCOASTAL PROPERTIESSERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM LOSS OF USE, DATA ANY KIND IN CONNECTION WITH OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH ITSCOASTAL PROPERTIES, WHETHER OR NOT ITSCOASTAL HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, RESULTING FROM: (1) THE USE OR INABILITY TO USE ITSCOASTAL PROPERTIES; (2) THE COST SERVICES, OR THE PERFORMANCE OF PROCUREMENT OR FAILURE TO PERFORM UNDER THE AGREEMENT, WHETHER ALLEGED AS A BREACH OF SUBSTITUTE GOODS CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF FELDERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, INACCESSIBILITY AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET. FELDERA IS NOT RESPONSIBLE AND DISCLAIMS ALL LIABILITY FOR ANY DELAYS, FAILURES OR DAMAGES RESULTING FROM SUCH PROBLEMS. THE USER IS FULLY RESPONSIBLE FOR INTERNET ACCESS AND CONNECTIVITY ISSUES. THE FOREGOING DOES NOT AFFECT ANY GOODS, DATA, INFORMATION LIABILITY THAT CANNOT BE EXCLUDED 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 OTHER MATTER RELATED TO ITSCOASTAL PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORYLIMITED UNDER APPLICABLE LAW.