Common use of Exceptions; Unenforceability Clause in Contracts

Exceptions; Unenforceability. NOTWITHSTANDING ANYTHING CONTAINED IN THIS SECTION 12 TO THE CONTRARY, TREND MICRO’S LIABILITY SHALL NOT BE LIMITED UNDER THIS SECTION 12 IN THE EVENT OR CIRCUMSTANCE OF: (a) PERSONAL INJURY OR DEATH DIRECTLY ATTRIBUTABLE TO TREND MICRO’S NEGLIGENCE; (b) EVENTS OR CIRCUMSTANCES ARISING FROM THE INTENTIONAL, WILLFUL, OR FRAUDULENT ACTS OF TREND MICRO; (c) BREACH OF TREND MICRO’S CONFIDENTIALITY OBLIGATIONS UNDER SECTION 10; OR (d) PAYMENT OF MONIES BY TREND MICRO UNDER ANY INDEMNITY AGREED HEREIN. THE DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS CONTAINED HEREIN THIS SECTION 12 SHALL APPLY TO THE MAXIMUM EXTENT PERMISSIBLE BY WRITTEN WAIVER, DISCLAIMER, LIMITATION, AND/OR EXCLUSION UNDER THE GOVERNING LAW, REGARDLESS OF WHETHER OR NOT TREND MICRO, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND/OR RESELLERS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, BUT NOTHING HEREIN THIS SECTION 12 PURPORTS TO LIMIT TREND MICRO, ITS AFFILIATES, LICENSORS, AND/OR SUPPLIERS LIABILITY TO THE EXTENT OR IN A MANNER THAT WOULD BE IMPERMISSIBLE, UNENFORCEABLE OR VOID UNDER THE GOVERNING LAW.

Exceptions; Unenforceability. NOTWITHSTANDING ANYTHING CONTAINED IN THIS SECTION 12 10 TO THE CONTRARY, TREND MICRO’S TXONE NETWORKS’ LIABILITY SHALL NOT BE LIMITED UNDER THIS SECTION 12 10 IN THE EVENT OR CIRCUMSTANCE OF: (a) PERSONAL INJURY OR DEATH DIRECTLY ATTRIBUTABLE TO TREND MICRO’S TXONE NETWORKS’ NEGLIGENCE; (b) EVENTS OR CIRCUMSTANCES ARISING FROM THE INTENTIONAL, WILLFUL, OR FRAUDULENT ACTS OF TREND MICROTXONE NETWORKS; (c) BREACH OF TREND MICRO’S TXONE NETWORKS’ CONFIDENTIALITY OBLIGATIONS UNDER SECTION 10; OR (d) PAYMENT OF MONIES BY TREND MICRO TXONE NETWORKS UNDER ANY INDEMNITY AGREED HEREIN. THE DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS CONTAINED HEREIN THIS SECTION 12 10 SHALL APPLY TO THE MAXIMUM EXTENT PERMISSIBLE BY WRITTEN WAIVER, DISCLAIMER, LIMITATION, AND/OR EXCLUSION UNDER THE GOVERNING LAW, REGARDLESS OF WHETHER OR NOT TREND MICROTXONE NETWORKS, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND/OR RESELLERS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, BUT NOTHING HEREIN THIS SECTION 12 10 PURPORTS TO LIMIT TREND MICROTXONE NETWORKS, ITS AFFILIATES, LICENSORS, AND/OR SUPPLIERS LIABILITY TO THE EXTENT OR IN A MANNER THAT WOULD BE IMPERMISSIBLE, UNENFORCEABLE OR VOID UNDER THE GOVERNING LAW.

Exceptions; Unenforceability. NOTWITHSTANDING ANYTHING CONTAINED IN THIS SECTION 12 7 TO THE CONTRARY, TREND MICRO’S CLOUDNOSYS'S LIABILITY SHALL NOT BE LIMITED UNDER THIS SECTION 12 7 IN THE EVENT OR CIRCUMSTANCE OF: (aA) PERSONAL INJURY OR DEATH DIRECTLY ATTRIBUTABLE TO TREND MICRO’S ARISING FROM CLOUDNOSYS'S NEGLIGENCE; (bB) EVENTS OR CIRCUMSTANCES ARISING FROM THE INTENTIONAL, WILLFUL, GROSS NEGLIGENCE OR FRAUDULENT ACTS WILLFUL MISCONDUCT OF TREND MICROCLOUDNOSYS; (cC) BREACH OF TREND MICRO’S A PARTY'S CONFIDENTIALITY OBLIGATIONS UNDER SECTION 106.1; OR (dD) PAYMENT OF MONIES BY TREND MICRO CLOUDNOSYS UNDER ANY INDEMNITY AGREED HEREINSECTION 9.1 (CLOUDNOSYS INDEMNITY). THE WAIVERS, DISCLAIMERS, LIMITATIONS, AND AND/OR EXCLUSIONS CONTAINED HEREIN THIS SECTION 12 7 SHALL APPLY TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS BY WRITTEN WAIVER, DISCLAIMER, LIMITATION, AND/OR EXCLUSION UNDER THE GOVERNING APPLICABLE LAW, REGARDLESS OF WHETHER OR NOT TREND MICROCLOUDNOSYS, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND/OR RESELLERS SUPPLIERS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, BUT NOTHING HEREIN THIS SECTION 12 PURPORTS 7 IS INTENDED TO AND SHALL NOT LIMIT TREND MICROCLOUDNOSYS, ITS AFFILIATES, LICENSORS, AND/OR SUPPLIERS LIABILITY TO THE EXTENT OR IN A MANNER THAT WOULD BE IMPERMISSIBLE, UNENFORCEABLE OR VOID IMPERMISSIBLE UNDER THE GOVERNING APPLICABLE LAW.