EXCLUSION OF AND LIMITATION ON CERTAIN DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, XXXXX SHALL NOT BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY (i) LOSS OF PROFITS, BUSINESS OR DATA, (ii) INTERRUPTION OF ANY BUSINESS, OR (iii) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHTSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH IN THIS AGREEMENT. IN ADDITION, DAMAGES SHALL IN NO EVENT EXCEED THE GREATER OF $100 OR THE AMOUNT OF LICENSE FEES (IF ANY) ACTUALLY PAID BY THE SITE TO JANUS DURING THE SIX (6) MONTH PERIOD PRECEDING THE LAST EVENT GIVING RISE TO SUCH LIABILITY.
Appears in 4 contracts
Samples: User License Agreement, User License Agreement, User License Agreement
