Common use of Disclaimer of Liability Clause in Contracts

Disclaimer of Liability. NUIX WILL NOT BE LIABLE TO LICENSEE (UNDER STATUTE, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) IN RELATION TO ANY SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS (INCLUDING BUT NOT LIMITED TO ANY BUSINESS INTERRUPTION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUE, SAVINGS, PRODUCTION, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS TO MARKETS, GOODWILL, REPUTATION, PUBLICITY, INFORMATION, OR USE), OR ANY REMOTE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES WERE IN THE CONTEMPLATION OF EITHER PARTY. LICENSEE AGREES THAT THE CONSIDERATION PAYABLE BY LICENSEE UNDER THIS XXXX DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION OF THE RISK OF ANY SUCH DAMAGES OR LOSSES. TO THE EXTENT PERMITTED BY LAW, LICENSEE USES THE SOFTWARE AT LICENSEE’S OWN RISK.

Disclaimer of Liability. NUIX ALL PRODUCTS AND SERVICES ARE PROVIDED “AS-IS.” THE SHOW DISCLAIMS ANY AND ALL WARRANTIES WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SHOW MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED CONCERNING THE NUMBER OF PEOPLE OR EXHIBITORS WHO WILL NOT ATTEND A SHOW OR ANY OTHER ACTIVITIES OR FUNCTIONS OR ANY OTHER MATTERS. IN NO EVENT SHALL THE SHOW BE LIABLE TO LICENSEE (UNDER STATUTEFOR ANY INCIDENTAL, CONTRACTINDIRECT, TORT, NEGLIGENCE OR OTHERWISE) IN RELATION TO ANY SPECIAL, PUNITIVE OR EXEMPLARY DAMAGESCONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY INDIRECTINCLUDING, INCIDENTAL OR CONSEQUENTIAL LOSS (INCLUDING BUT NOT LIMITED TO ANY BUSINESS INTERRUPTIONTO, LOST REVENUE OR ANY LOSS OR CORRUPTION PROFITS REGARDLESS OF DATATHE FORM OF ACTION WHETHER IN CONTRACT, OR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUE, SAVINGS, PRODUCTION, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS TO MARKETS, GOODWILL, REPUTATION, PUBLICITY, INFORMATION, OR USETORT (INCLUDING NEGLIGENCE), OR ANY REMOTEOTHERWISE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT EVEN IF SHOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES WERE DAMAGES. IN NO EVENT SHALL THE CONTEMPLATION OF EITHER PARTY. LICENSEE AGREES THAT THE CONSIDERATION PAYABLE BY LICENSEE UNDER THIS XXXX DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION MAXIMUM LIABILITY OF THE RISK OF ANY SUCH DAMAGES OR LOSSES. TO SHOW EXCEED THE EXTENT PERMITTED BY LAW, LICENSEE USES THE SOFTWARE AT LICENSEE’S OWN RISKTABLE SPACE FEES PAID.

Disclaimer of Liability. NUIX WILL NOT BE LIABLE TO LICENSEE (UNDER STATUTE, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) IN RELATION TO ANY SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS (INCLUDING BUT NOT LIMITED TO ANY BUSINESS INTERRUPTION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUE, SAVINGS, PRODUCTION, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS TO MARKETS, GOODWILL, REPUTATION, PUBLICITY, INFORMATION, OR USE), OR ANY REMOTE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES WERE IN THE CONTEMPLATION OF EITHER PARTY. LICENSEE AGREES THAT THE CONSIDERATION PAYABLE BY LICENSEE UNDER THIS XXXX DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION OF THE RISK OF ANY SUCH DAMAGES OR LOSSES. TO THE EXTENT PERMITTED BY LAW, LICENSEE USES THE SOFTWARE AT LICENSEE’S 'S OWN RISK.

Disclaimer of Liability. EXCEPT FOR CLAIMS OF INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY, CLAIMS THAT CANNOT BE LIMITED BY LAW, IN NO EVENT WILL NUIX WILL NOT BE LIABLE TO LICENSEE (UNDER STATUTE, CONTRACT, TORT, NEGLIGENCE OR OTHERWISEOTHER THEORY OF LIABILITY) IN RELATION TO ANY (A) SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS LOSS; (INCLUDING BUT NOT LIMITED TO B) ANY BUSINESS INTERRUPTIONINTERRUPTION LOSS, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUE, SAVINGS, PRODUCTION, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS TO MARKETS, GOODWILL, REPUTATION, PUBLICITY, INFORMATION, OR USE), OR ANY REMOTE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES WERE IN THE CONTEMPLATION OF EITHER PARTY. LICENSEE AGREES THAT THE CONSIDERATION PAYABLE BY LICENSEE UNDER THIS XXXX DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION ; OR (C) CLAIMS MADE A SUBJECT OF THE RISK OF A LEGAL PROCEEDING AGAINST NUIX MORE THAN ONE YEAR AFTER ANY SUCH DAMAGES OR LOSSES. TO THE EXTENT PERMITTED BY LAW, LICENSEE USES THE SOFTWARE AT LICENSEE’S OWN RISKCAUSE OF ACTION FIRST AROSE.

Disclaimer of Liability. EXCEPT FOR CLAIMS OF INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, OR BODILY INJURY, OR ANY CLAIM THAT CANNOT BE LIMITED BY LAW, IN NO EVENT WILL NUIX WILL NOT BE LIABLE TO LICENSEE (UNDER STATUTE, CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISEOTHER THEORY OF LIABILITY) IN RELATION TO ANY (A) SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS LOSS; (INCLUDING BUT NOT LIMITED TO B) ANY BUSINESS INTERRUPTIONINTERRUPTION LOSS, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUE, SAVINGS, PRODUCTION, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS TO MARKETS, GOODWILL, REPUTATION, PUBLICITY, INFORMATION, OR USE), OR ANY REMOTE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES WERE IN THE CONTEMPLATION OF EITHER PARTY. LICENSEE AGREES THAT THE CONSIDERATION PAYABLE BY LICENSEE UNDER THIS XXXX DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION ; OR (C) CLAIMS MADE A SUBJECT OF THE RISK OF A LEGAL PROCEEDING AGAINST NUIX MORE THAN ONE YEAR AFTER ANY SUCH DAMAGES OR LOSSES. TO THE EXTENT PERMITTED BY LAW, LICENSEE USES THE SOFTWARE AT LICENSEE’S OWN RISKCAUSE OF ACTION FIRST AROSE.

Disclaimer of Liability. NUIX WILL NOT BE LIABLE TO LICENSEE ‌ COUNTY HEREBY DISCLAIMS, AND TENANT HEREBY RELEASES THE COUNTY PARTIES, FROM ANY AND ALL LIABILITY, WHETHER IN CONTRACT OR TORT (UNDER STATUTE, CONTRACT, TORTINCLUDING STRICT LIABILITY, NEGLIGENCE OR OTHERWISE) IN RELATION TO AND NUISANCE), FOR ANY SPECIALLOSS, PUNITIVE OR EXEMPLARY DAMAGESDAMAGE, OR INJURY OF ANY INDIRECTNATURE WHATSOEVER SUSTAINED BY ANY TENANT PARTY DURING THE TERM OF THIS LEASE OR ANY EXTENSION THEREOF INCLUDING, INCIDENTAL OR CONSEQUENTIAL LOSS (INCLUDING BUT NOT LIMITED TO, LOSS, DAMAGE OR INJURY TO ANY BUSINESS INTERRUPTIONTHE IMPROVEMENTS OR PERSONAL PROPERTY OF A TENANT PARTY THAT MIGHT BE LOCATED OR STORED ON THE PREMISES, UNLESS SUCH LOSS, DAMAGE OR INJURY IS CAUSED BY A COUNTY PARTY’S SOLE NEGLIGENCE OR IS CAUSED BY COUNTY’S BREACH OF ITS OBLIGATIONS UNDER THIS LEASE. THE PARTIES HERETO EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES SHALL COUNTY BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, OR ANY EXEMPLARY DAMAGES WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY, NEGLIGENCE, AND NUISANCE), SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR CORRUPTION OF DATA, ANTICIPATED PROFITS OR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUE, SAVINGS, PRODUCTION, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS OTHER DAMAGE RELATED TO MARKETS, GOODWILL, REPUTATION, PUBLICITY, INFORMATION, OR USE), OR ANY REMOTE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES WERE IN THE CONTEMPLATION OF EITHER PARTY. LICENSEE AGREES THAT THE CONSIDERATION PAYABLE BY LICENSEE UNDER THIS XXXX DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION LEASING OF THE RISK OF ANY SUCH DAMAGES OR LOSSES. PREMISES PURSUANT TO THE EXTENT PERMITTED BY LAW, LICENSEE USES THE SOFTWARE AT LICENSEE’S OWN RISKTHIS LEASE.

Disclaimer of Liability. NUIX WILL THE CITY HEREBY DISCLAIMS, AND THE TENANT HEREBY RELEASES THE CITY FROM ANY AND ALL LIABILITY WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), FOR ANY LOSS DAMAGE OR INJURY OF ANY NATURE WHATSOEVER SUSTAINED BY TENANT, ITS EMPLOYEES, AGENTS OR INVITEES DURING THE TERM OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS, DAMAGE OR INJURY TO THE AIRCRAFT OR OTHER PROPERTY OF TENANT THAT MAY BE LOCATED OR STORED IN THE HANGAR SPACE, UNLESS SUCH LOSS, DAMAGE OR INJURY IS CAUSED BY THE CITY'S SOLE NEGLIGENCE OR INTENTIONAL WILLFUL MISCONDUCT. THE PARTIES HEREBY AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO LICENSEE (UNDER STATUTEFOR INDIRECT, CONTRACTPUNITIVE, TORT, NEGLIGENCE OR OTHERWISE) IN RELATION TO ANY SPECIAL, PUNITIVE SPECIAL OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), SUCH AS, BUT NOT LIMITED TO ANY BUSINESS INTERRUPTIONTO, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY LOSS OF ACTUAL REVENUE OR ANTICIPATED PROFITS, REVENUE, SAVINGS, PRODUCTION, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS PROFITS OR OTHER DAMAGE RELATED TO MARKETS, GOODWILL, REPUTATION, PUBLICITY, INFORMATION, OR USE), OR ANY REMOTE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT THE POSSIBILITY LEASING OF SUCH DAMAGES OR LOSSES WERE IN THE CONTEMPLATION OF EITHER PARTY. LICENSEE AGREES THAT THE CONSIDERATION PAYABLE BY LICENSEE HANGAR SPACE UNDER THIS XXXX DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION OF THE RISK OF ANY SUCH DAMAGES OR LOSSES. TO THE EXTENT PERMITTED BY LAW, LICENSEE USES THE SOFTWARE AT LICENSEE’S OWN RISKAGREEMENT.

Disclaimer of Liability. NUIX WILL THE CITY HEREBY DISCLAIMS, AND THE TENANT HEREBY RELEASES THE CITY, FROM ANY AND ALL LIABILITY WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), FOR ANY LOSS DAMAGE OR INJURY OF ANY NATURE WHATSOEVER SUSTAINED BY TENANT, ITS EMPLOYEES, AGENTS OR INVITEES DURING THE TERM OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS, DAMAGE OR INJURY TO THE AIRCRAFT OR OTHER PROPERTY OF TENANT THAT MAY BE LOCATED OR STORED ON THE TIE-DOWN SPACE, UNLESS SUCH LOSS, DAMAGE OR INJURY IS CAUSED BY THE CITY'S GROSS NEGLIGENCE OR INTENTIONAL WILLFUL MISCONDUCT. THE PARTIES HEREBY AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO LICENSEE (UNDER STATUTEFOR INDIRECT, CONTRACTCONSEQUENTIAL, TORT, NEGLIGENCE OR OTHERWISE) IN RELATION TO ANY SPECIAL, PUNITIVE SPECIAL OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), SUCH AS, BUT NOT LIMITED TO ANY BUSINESS INTERRUPTIONTO, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY LOSS OF ACTUAL REVENUE OR ANTICIPATED PROFITS, REVENUE, SAVINGS, PRODUCTION, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS PROFITS OR OTHER DAMAGE RELATED TO MARKETS, GOODWILL, REPUTATION, PUBLICITY, INFORMATION, OR USE), OR ANY REMOTE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT THE POSSIBILITY LEASING OF SUCH DAMAGES OR LOSSES WERE IN THE CONTEMPLATION OF EITHER PARTY. LICENSEE AGREES THAT THE CONSIDERATION PAYABLE BY LICENSEE TIE-DOWN SPACE UNDER THIS XXXX DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION OF THE RISK OF ANY SUCH DAMAGES OR LOSSES. TO THE EXTENT PERMITTED BY LAW, LICENSEE USES THE SOFTWARE AT LICENSEE’S OWN RISKAGREEMENT.

Disclaimer of Liability. NUIX WILL CUSTOMER AGREES THAT XLDC SHALL NOT BE LIABLE TO LICENSEE (UNDER STATUTECUSTOMER FOR ANY CLAIM, CONTRACTLOSS, TORTDAMAGE OR EXPENSE OF ANY KIND CAUSED, NEGLIGENCE DIRECTLY OR OTHERWISE) INDIRECTLY, BY THE INADEQUACY OF ANY MACHINE FOR ANY PURPOSE OR ANY DEFICIENCY OR DEFECT THEREIN OR ANY DELAY IN RELATION PROVIDING OR FAILURE TO PROVIDE ANY SPECIAL, PUNITIVE OR EXEMPLARY DAMAGESTHEREOF, OR ANY INDIRECT, INCIDENTAL INTERRUPTION OR CONSEQUENTIAL LOSS (INCLUDING BUT NOT LIMITED TO ANY BUSINESS INTERRUPTION, OF SERVICE OR ANY LOSS OR CORRUPTION OF DATAUSE THEREOF, OR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUE, SAVINGS, PRODUCTION, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS TO MARKETS, GOODWILL, REPUTATION, PUBLICITY, INFORMATION, OR USE), OR ANY REMOTE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES WERE IN THE CONTEMPLATION OF EITHER PARTY. LICENSEE BUSINESS AND AGREES THAT THE CONSIDERATION PAYABLE BY LICENSEE UNDER THIS XXXX DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION OF THE RISK IT WILL, IRRESPECTIVE OF ANY SUCH DAMAGES CLAIM, LOSS, DAMAGE OR LOSSESEXPENSE, CONTINUE TO PAY ALL MONTHLY RENTAL CHARGES IN THE AMOUNTS STATED HEREIN WHICH MAY COME DUE DURING THE INITIAL TERM HEREOF AND THEREAFTER SO LONG AS THIS AGREEMENT IS NOT TERMINATED IN ACCORDANCE WITH ITS TERMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IT IS EXPRESSLY UNDERSTOOD THAT XLDC MAKES NO WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THE EXTENT PERMITTED MERCHANTABILITY, FITNESS, CONDITION, QUALITY, CAPACITY OR DURABILITY OF THE MACHINES OR ANY PART THEREOF, NOR SHALL XLDC BE DEEMED OBLIGATED TO PROVIDE REPLACEMENT FOR ANY OF THE MACHINES WHICH MAY BE DESTROYED BY LAWFIRE, LICENSEE USES THE SOFTWARE AT LICENSEE’S OWN RISKTHEFT, OR OTHER CASUALTY.

Disclaimer of Liability. NUIX WILL NOT IN NO EVENT SHALL FLOWMO AND/OR ITS AFFILIATES BE LIABLE TO LICENSEE (UNDER STATUTE, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) IN RELATION TO ANY SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, YOU OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL THIRD PARTY FOR ANY DAMAGES RESULTING FROM LOSS (INCLUDING BUT NOT LIMITED TO ANY BUSINESS INTERRUPTION, OR ANY LOSS OR CORRUPTION OF DATA, LOSS OF USE OR LOSS OF REVENUE OR PROFIT ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT. FLOWMO FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR OTHER SIMILAR DAMAGES ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY LOSS OTHER LEGAL OR EQUITABLE THEORY, EVEN IF FLOWMO HAS BEEN ADVISED OF ACTUAL OR ANTICIPATED PROFITS, REVENUE, SAVINGS, PRODUCTION, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS TO MARKETS, GOODWILL, REPUTATION, PUBLICITY, INFORMATION, OR USE), OR ANY REMOTE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES LOSSES OR LOSSES WERE IN THE CONTEMPLATION OF EITHER PARTYDAMAGES. LICENSEE AGREES THAT THE CONSIDERATION PAYABLE BY LICENSEE UNDER THIS XXXX DOES FURTHER, FLOWMO SHALL NOT INCLUDE CONSIDERATION BE RESPONSIBLE FOR THE ASSUMPTION OF THE RISK OF ANY SUCH DAMAGES UNAUTHORIZED ACCESS TO OR LOSSES. ALTERATION TO YOUR DATA TO THE EXTENT PERMITTED BY LAWTHAT SUCH ACCESS OR ALTERATION IS NOT DUE TO FLOWMO' WILFUL MISCONDUCT. FOR THE AVOIDANCE OF DOUBT, LICENSEE USES YOU HAVE THE SOFTWARE AT LICENSEE’S OWN RISKSOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF YOUR DATA OR ANY OTHER DATA ON YOUR SYSTEMS.

Disclaimer of Liability. NUIX WILL NOT BE LIABLE EXCEPT FOR DAMAGES CAUSED BY LESSOR'S WILLFUL MISCONDUCT, RECKLESSNESS, OR GROSS NEGLIGENCE, THE PARTIES AGREE THAT TO LICENSEE THE EXTENT PERMITTED BY APPLICABLE LAW, LESSOR LIMITS OR DISCLAIMS LIABILITY RELATED TO THE MANUFACTURE, DELIVERY, OR USE OF THE ASSETS AND/OR SUPPLIES USED IN CONNECTION WITH THE ASSETS, AS FOLLOWS: (UNDER STATUTE1) FOR DIRECT DAMAGES, LESSOR'S LIABILITY IS LIMITED TO THE AMOUNTS PAID BY LESSEE FOR THE ASSETS GIVING RISE TO, OR WHICH ARE THE SUBJECT OF, THE CLAIM WHETHER SUCH CLAIM ALLEGES BREACH OF CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) IN RELATION TO ANY SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS (TORTIOUS CONDUCT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR ANY BUSINESS INTERRUPTIONOTHER THEORY; (2) LESSOR DISCLAIMS LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, REVENUE, OR PROFIT) WHETHER SUCH CLAIM ALLEGES BREACH OF CONTRACT, TORTIOUS CONDUCT INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUE, SAVINGS, PRODUCTION, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS TO MARKETS, GOODWILL, REPUTATION, PUBLICITY, INFORMATION, OR USE), OR ANY REMOTE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES WERE IN THE CONTEMPLATION OF EITHER PARTY. LICENSEE AGREES THAT THE CONSIDERATION PAYABLE BY LICENSEE UNDER THIS XXXX DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION OF THE RISK OF ANY SUCH DAMAGES OR LOSSES. TO THE EXTENT PERMITTED BY LAW, LICENSEE USES THE SOFTWARE AT LICENSEE’S OWN RISKOTHER THEORY.

Disclaimer of Liability. NUIX WILL NOT UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS EMPLOYEES, SUBSIDIARIES, ITS LICENSORS, OR ANY UNDERLYING SERVICE PROVIDER BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE USE OR INABILITY TO LICENSEE (UNDER STATUTEUSE THE SERVICE OR FROM ANY ERRORS, DELAYS, LOSS OF INFORMATION, OR INTERRUPTIONS OF SERVICE, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) IN RELATION TO ANY SPECIALNEGLIGENCE, PUNITIVE OR EXEMPLARY DAMAGESSTRICT LIABILITY, OR ANY INDIRECTOTHER BASIS, INCIDENTAL OR CONSEQUENTIAL LOSS (INCLUDING BUT NOT LIMITED TO ANY BUSINESS INTERRUPTION, OR ANY LOSS OR CORRUPTION EVEN IF THE COMPANY HAS BEEN ADVISED OF DATA, OR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUE, SAVINGS, PRODUCTION, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS TO MARKETS, GOODWILL, REPUTATION, PUBLICITY, INFORMATION, OR USE), OR ANY REMOTE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LOSSES WERE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S LIABILITY IN THE CONTEMPLATION OF EITHER PARTY. LICENSEE AGREES THAT THE CONSIDERATION PAYABLE BY LICENSEE UNDER THIS XXXX DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION OF THE RISK OF ANY SUCH DAMAGES OR LOSSES. JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, LICENSEE USES . THE SOFTWARE COMPANY RESERVES THE RIGHT TO REFUSE OR TERMINATE SERVICE TO A CUSTOMER AT LICENSEE’S OWN RISKANY TIME.

Disclaimer of Liability. NUIX WILL LICENSOR SHALL NOT BE LIABLE TO LICENSEE FOR ANY (UNDER STATUTE, CONTRACT, TORT, NEGLIGENCE OR OTHERWISEA) IN RELATION TO ANY SPECIAL, PUNITIVE INDIRECT, INCIDENTAL, PUNITIVE, OR EXEMPLARY CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, ARISING FROM OR RELATED TO A BREACH OF THIS AGREEMENT OR ANY INDIRECTORDER OR THE OPERATION OR USE OF THE SOFTWARE AND SERVICES INCLUDING SUCH DAMAGES, INCIDENTAL OR CONSEQUENTIAL LOSS (INCLUDING BUT NOT LIMITED TO ANY BUSINESS INTERRUPTIONWITHOUT LIMITATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY AS DAMAGES ARISING FROM LOSS OF ACTUAL DATA OR ANTICIPATED PROGRAMMING, LOSS OF REVENUE OR PROFITS, REVENUEFAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, SAVINGSDAMAGE TO EQUIPMENT, PRODUCTIONAND CLAIMS AGAINST CUSTOMER BY ANY THIRD PERSON, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS TO MARKETS, GOODWILL, REPUTATION, PUBLICITY, INFORMATION, OR USE), OR ANY REMOTE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (B) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR LOSSES WERE IN THE CONTEMPLATION OF EITHER PARTY. LICENSEE AGREES THAT THE CONSIDERATION PAYABLE FAILURE BY LICENSEE LICENSOR TO PERFORM ITS OBLIGATIONS UNDER THIS XXXX DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION AGREEMENT DUE TO ANY CAUSE BEYOND LICENSOR'S REASONABLE CONTROL; OR (C) CLAIMS MADE A SUBJECT OF THE RISK OF A LEGAL PROCEEDING AGAINST LICENSOR MORE THAN TWO YEARS AFTER ANY SUCH DAMAGES OR LOSSES. TO THE EXTENT PERMITTED BY LAW, LICENSEE USES THE SOFTWARE AT LICENSEE’S OWN RISKCAUSE OF ACTION FIRST AROSE.

Disclaimer of Liability. EXCEPT FOR CLAIMS OF INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY, OR ANY CLAIM THAT CANNOT BE LIMITED BY LAW, NUIX WILL NOT BE LIABLE TO LICENSEE (UNDER STATUTE, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) IN RELATION TO ANY (A) SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS (INCLUDING BUT NOT LIMITED TO ANY BUSINESS INTERRUPTION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUE, SAVINGS, PRODUCTION, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS TO MARKETS, GOODWILL, REPUTATION, PUBLICITY, INFORMATION, OR USE), OR ANY REMOTE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES WERE IN THE CONTEMPLATION OF EITHER PARTY; OR (B) CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST NUIX MORE THAN ONE YEAR AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE. LICENSEE AGREES THAT THE CONSIDERATION PAYABLE BY LICENSEE UNDER THIS XXXX DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION OF THE RISK OF ANY SUCH DAMAGES OR LOSSES. TO THE EXTENT PERMITTED BY LAW, LICENSEE USES THE SOFTWARE AT LICENSEE’S OWN RISK.

Disclaimer of Liability. NUIX WILL QSI SHALL NOT BE LIABLE TO LICENSEE FOR ANY (UNDER STATUTE, CONTRACT, TORT, NEGLIGENCE OR OTHERWISEA) IN RELATION TO ANY SPECIAL, PUNITIVE INDIRECT, INCIDENTAL, PUNITIVE, OR EXEMPLARY CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, ARISING FROM OR RELATED TO A BREACH OF THIS AGREEMENT OR ANY INDIRECTORDER OR THE OPERATION OR USE OF THE SOFTWARE AND SERVICES INCLUDING SUCH DAMAGES, INCIDENTAL OR CONSEQUENTIAL LOSS (INCLUDING BUT NOT LIMITED TO ANY BUSINESS INTERRUPTIONWITHOUT LIMITATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY AS DAMAGES ARISING FROM LOSS OF ACTUAL DATA OR ANTICIPATED PROGRAMMING, LOSS OF REVENUE OR PROFITS, REVENUEFAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, SAVINGSDAMAGE TO EQUIPMENT, PRODUCTIONAND CLAIMS AGAINST CUSTOMER BY ANY THIRD PERSON, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS TO MARKETS, GOODWILL, REPUTATION, PUBLICITY, INFORMATION, OR USE), OR ANY REMOTE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT EVEN IF QSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (B) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR LOSSES WERE IN THE CONTEMPLATION OF EITHER PARTY. LICENSEE AGREES THAT THE CONSIDERATION PAYABLE FAILURE BY LICENSEE QSI TO PERFORM ITS OBLIGATIONS UNDER THIS XXXX DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION AGREEMENT DUE TO ANY CAUSE BEYOND QSI’S REASONABLE CONTROL; OR (C) CLAIMS MADE A SUBJECT OF THE RISK OF A LEGAL PROCEEDING AGAINST QSI MORE THAN TWO YEARS AFTER ANY SUCH DAMAGES OR LOSSES. TO THE EXTENT PERMITTED BY LAW, LICENSEE USES THE SOFTWARE AT LICENSEE’S OWN RISK.CAUSE

Disclaimer of Liability. NUIX EXCEPT FOR CLAIMS OF INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY, OR ANY CLAIM THAT CANNOT BE LIMITED BY LAW, BLACKRAINBOW WILL NOT BE LIABLE TO LICENSEE (UNDER STATUTE, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) IN RELATION TO ANY (A) SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS (INCLUDING BUT NOT LIMITED TO ANY BUSINESS INTERRUPTION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUE, SAVINGS, PRODUCTION, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS TO MARKETS, GOODWILL, REPUTATION, PUBLICITY, INFORMATION, OR USE), OR ANY REMOTE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES WERE IN THE CONTEMPLATION OF EITHER PARTY; OR (B) CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST BLACKRAINBOW MORE THAN ONE YEAR AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE. LICENSEE AGREES THAT THE CONSIDERATION PAYABLE BY LICENSEE UNDER THIS XXXX EULA DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION OF THE RISK OF ANY SUCH DAMAGES OR LOSSES. TO THE EXTENT PERMITTED BY LAW, LICENSEE USES THE SOFTWARE AT LICENSEE’S OWN RISK.

Disclaimer of Liability. EXCEPT FOR CLAIMS OF INTENTIONAL MISCONDUCT, GROSS NELIGENCE, DEATH OR PERSONAL INJURY, OR ANY CLAIM THAT CANNOT BE LIMITED BY LAW, NUIX WILL NOT BE LIABLE TO LICENSEE (UNDER STATUTE, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) IN RELATION TO ANY (A) SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS (INCLUDING BUT NOT LIMITED TO ANY BUSINESS INTERRUPTION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUE, SAVINGS, PRODUCTION, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS TO MARKETS, GOODWILL, REPUTATION, PUBLICITY, INFORMATION, OR USE), OR ANY REMOTE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES WERE IN THE CONTEMPLATION OF EITHER PARTY; OR (B) CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST NUIX MORE THAN ONE YEAR AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE. LICENSEE AGREES THAT THE CONSIDERATION PAYABLE BY LICENSEE UNDER THIS XXXX DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION OF THE RISK OF ANY SUCH DAMAGES OR LOSSES. TO THE EXTENT PERMITTED BY LAW, LICENSEE USES THE SOFTWARE AT LICENSEE’S OWN RISK.

Disclaimer of Liability. EXCEPT FOR CLAIMS OF INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY, OR ANY CLAIM THAT CANNOT BE LIMITED BY LAW, NUIX WILL NOT BE LIABLE TO LICENSEE (UNDER STATUTE, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) IN RELATION TO ANY (A) SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS (INCLUDING BUT NOT LIMITED TO ANY BUSINESS INTERRUPTION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUE, SAVINGS, PRODUCTION, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS TO MARKETS, GOODWILL, REPUTATION, PUBLICITY, INFORMATION, OR USE), OR ANY REMOTE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES WERE IN THE CONTEMPLATION OF EITHER PARTY; OR (B) CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST NUIX MORE THAN SIX YEARS AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE. LICENSEE AGREES THAT THE CONSIDERATION PAYABLE BY LICENSEE UNDER THIS XXXX DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION OF THE RISK OF ANY SUCH DAMAGES OR LOSSES. TO THE EXTENT PERMITTED BY LAW, LICENSEE USES THE SOFTWARE AT LICENSEE’S OWN RISK.

Disclaimer of Liability. NUIX WILL NOT BE LIABLE TO LICENSEE THE COMMISSIONERS HEREBY DISCLAIM AND RENTER HEREBY RELEASES THE COMMISSIONERS FROM ANY LIABILITY, WHETHER IN CONTRACT OR TORT (UNDER STATUTEINCLUDING STRICT LIABILITY AND NEGLIGENCE), CONTRACTFOR ANY LOSS, TORTDAMAGE OR INJURY OF ANY NATURE WHATSOEVER SUSTAINED BY RENTER, NEGLIGENCE ITS EMPLOYEES, AGENTS OR OTHERWISE) IN RELATION TO ANY SPECIALINVITEES DURING THE TERM OF THIS AGREEMENT, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS (INCLUDING BUT NOT LIMITED TO ANY BUSINESS INTERRUPTIONLOSS, DAMAGE OR ANY INJURY TO THE AIRCRAFT OR OTHER PROPERTY OF RENTER THAT MAY BE LOCATED OR STORED IN THE HANGAR, UNLESS SUCH LOSS IS CAUSED BY THE COMMISSIONERS GROSS NEGLIGENCE. THE PARTIES HEREBY AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE COMMISSIONERS BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL OR CORRUPTION OF DATAEXEMPLARY DAMAGES, WHETHER IN CONTRACT OR ANY TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), SUCH AS, BUT NOT LIMITED TO, LOSS OF ACTUAL REVENUE OR ANTICIPATED PROFITS, REVENUE, SAVINGS, PRODUCTION, BUSINESS, CONTRACTS, OPPORTUNITY, ACCESS PROFITS OR OTHER DAMAGE RELATED TO MARKETS, GOODWILL, REPUTATION, PUBLICITY, INFORMATION, OR USE), OR ANY REMOTE, ABNORMAL, UNFORESEEABLE OR SIMILAR LOSS, WHETHER OR NOT THE POSSIBILITY LEASING OF SUCH DAMAGES OR LOSSES WERE IN THE CONTEMPLATION OF EITHER PARTY. LICENSEE AGREES THAT THE CONSIDERATION PAYABLE BY LICENSEE HANGAR UNDER THIS XXXX DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION OF THE RISK OF ANY SUCH DAMAGES OR LOSSES. TO THE EXTENT PERMITTED BY LAW, LICENSEE USES THE SOFTWARE AT LICENSEE’S OWN RISKAGREEMENT.

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