Common use of Exceptions to Limitations Clause in Contracts

Exceptions to Limitations. The limits of liability in Section 13.2 apply to the fullest extent permitted by law, except with regard to: (a) violation of the other party’s Intellectual Property Rights; (b) willful misconduct, gross negligence or fraud;

Appears in 3 contracts

Samples: Software License Agreement, End User License Agreement, Software License Agreement

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Exceptions to Limitations. The limits of liability in Section 13.2 this section 15 will apply to the fullest extent permitted by applicable law, except with regard but do not apply to: (a) the parties' obligations under section 14 (Indemnification); or (b) violation of the other party’s other's Intellectual Property Rights; (bc) willful confidentiality obligations (except for liability related to Your Content or Personal Data, which will remain subject to the limitations and exclusions above), or (d) if a party is guilty of gross misconduct, gross negligence fraud or fraud;fraudulent misrepresentation.

Appears in 3 contracts

Samples: Cloudmore Master Agreement, Cloudmore Master Agreement, Cloudmore Master Agreement

Exceptions to Limitations. The limits of liability in Section 13.2 10.2 apply to the fullest extent permitted by law, except with regard to: (a) violation of the other party’s Intellectual Property Rights; (b) willful misconduct, gross negligence or fraud;

Appears in 2 contracts

Samples: Professional Services Agreement, Information Security Services Agreement

Exceptions to Limitations. The limits of liability in Section 13.2 this section 15 apply to the fullest extent permitted by law, except with regard to: applicable law but do not apply to (a) the parties' obligations under section 14, (b) violation of the other party’s Intellectual Property Rights; other's intellectual property rights, or (bc) willful misconduct, gross negligence or fraud;confidentiality obligations.

Appears in 1 contract

Samples: Cloudmore Master Agreement

Exceptions to Limitations. The limits of liability in Section 13.2 apply to the fullest extent permitted by law, except with regard to: (a) violation of the other party’s Intellectual Property Rights; (b) willful misconductyour failure to comply with your payment obligations; or (c) breach of a party’s obligations under Section 10 (Confidentiality) or Section 12 (Indemnification). Notwithstanding anything to the contrary in the Agreement, gross negligence or fraud;our aggregate liability with respect to Customer Data will be limited to the amounts in Section 13.2.

Appears in 1 contract

Samples: Service End User License Agreement

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Exceptions to Limitations. The limits of liability in Section 13.2 this section 17 apply to the fullest extent permitted by applicable law, except with regard but do not apply to: (a) the parties' obligations under section 16; or (b) violation of the other party’s Intellectual Property Rightsother's intellectual property rights; or (bc) willful misconduct, gross negligence or fraud;confidentiality obligations.

Appears in 1 contract

Samples: Cloudmore Master Agreement

Exceptions to Limitations. The limits of liability in Section 13.2 apply to the fullest extent permitted by law, except with regard to: (a) violation of the other party’s Intellectual Property Rights; (b) willful misconduct, gross negligence or fraud;; (c) your failure to comply with your payment obligations; or (d) breach of a party’s obligations under Section 10 (Confidentiality) or Section 12 (Indemnification). Notwithstanding anything to the contrary in the Agreement, our aggregate liability with respect to Customer Data will be limited to the amounts in Section 13.2.

Appears in 1 contract

Samples: Cloud Subscription Agreement

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