Common use of EXCLUSION OF CERTAIN DAMAGES; LIMITATION OF LIABILITY Clause in Contracts

EXCLUSION OF CERTAIN DAMAGES; LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, (I) SELLER’S AGGREGATE CUMULATIVE TOTAL LIABILITY TO BUYER HEREUNDER, WHETHER FOR BREACH OF WARRANTY OR CONTRACT, INDEMNIFICATIONS HEREIN, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE PAYMENTS MADE TO SELLER FOR THOSE PRODUCTS PURCHASED UNDER THE ORDER WHICH GAVE RISE TO THE CLAIM, AND (II) IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN CONNECTION WITH THE ORDER OR THE PRODUCT, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCLUSION OF CERTAIN DAMAGES; LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENTTHESE TERMS, (I) SELLER’S AGGREGATE CUMULATIVE TOTAL LIABILITY TO BUYER HEREUNDER, WHETHER FOR BREACH OF WARRANTY OR CONTRACT, INDEMNIFICATIONS HEREIN, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE PAYMENTS MADE TO SELLER FOR THOSE PRODUCTS PURCHASED UNDER THE ORDER WHICH GAVE RISE TO THE CLAIM, AND (II) IN NO EVENT SHALL SELLER HAVE ANY LIABILITY TO BUYER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITSUSE, REVENUE OR PROFIT, LOSS OF SAVINGS, LOSS OF BUSINESS OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF DATA OR DIMINUTION IN VALUE, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN CONNECTION WITH THE ORDER OR THE PRODUCT, EVEN IF REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCLUSION OF CERTAIN DAMAGES; LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN NO EVENT WILL LIV BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENTAGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, (I) SELLER’S AGGREGATE CUMULATIVE TOTAL LIABILITY TO BUYER HEREUNDER, WHETHER FOR INCLUDING BREACH OF WARRANTY OR CONTRACT, INDEMNIFICATIONS HEREIN, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, AND OTHERWISE, SHALL NOT EXCEED THE PAYMENTS MADE TO SELLER FOR THOSE PRODUCTS PURCHASED UNDER THE ORDER WHICH GAVE RISE TO THE CLAIMANY: (a) CONSEQUENTIAL, AND (II) IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVEENHANCED, INCIDENTAL OR CONSEQUENTIAL DAMAGES PUNITIVE DAMAGES; (INCLUDINGb) INCREASED COSTS, BUT NOT LIMITED TODIMINUTION IN VALUE OR LOST BUSINESS, DAMAGES FOR PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITSGOODWILL OR REPUTATION; (d) USE, LOSS OF SAVINGSINABILITY TO USE, LOSS OF BUSINESS OR CONFIDENTIAL OR OTHER INFORMATIONLOSS, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURYDELAY OR RECOVERY OF ANY DATA, FOR LOSS OR BREACH OF PRIVACYDATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, FOR FAILURE TO MEET ANY DUTY INCLUDING IN EACH CASE REGARDLESS OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN CONNECTION WITH THE ORDER OR THE PRODUCT, EVEN IF SELLER HAS BEEN WHETHER LIV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

EXCLUSION OF CERTAIN DAMAGES; LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN NO EVENT WILL LIV BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENTAGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, (I) SELLER’S AGGREGATE CUMULATIVE TOTAL LIABILITY TO BUYER HEREUNDER, WHETHER FOR INCLUDING BREACH OF WARRANTY OR CONTRACT, INDEMNIFICATIONS HEREIN, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, AND OTHERWISE, SHALL NOT EXCEED THE PAYMENTS MADE TO SELLER FOR THOSE PRODUCTS PURCHASED UNDER THE ORDER WHICH GAVE RISE TO THE CLAIMANY: (a) CONSEQUENTIAL, AND (II) IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVEENHANCED, INCIDENTAL OR CONSEQUENTIAL DAMAGES PUNITIVE DAMAGES; (INCLUDINGb) INCREASED COSTS, BUT NOT LIMITED TODIMINUTION IN VALUE OR LOST BUSINESS, DAMAGES FOR PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITSGOODWILL OR REPUTATION; (d) USE, LOSS OF SAVINGSINABILITY TO USE, LOSS OF BUSINESS OR CONFIDENTIAL OR OTHER INFORMATIONLOSS, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURYDELAY OR RECOVERY OF ANY DATA, FOR LOSS OR BREACH OF PRIVACYDATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, FOR FAILURE TO MEET ANY DUTY INCLUDING IN EACH CASE REGARDLESS OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN CONNECTION WITH THE ORDER OR THE PRODUCT, EVEN IF SELLER HAS BEEN WHETHER XXX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

EXCLUSION OF CERTAIN DAMAGES; LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, (I) SELLER’S AGGREGATE CUMULATIVE TOTAL LIABILITY TO BUYER HEREUNDER, WHETHER FOR BREACH OF WARRANTY OR CONTRACT, INDEMNIFICATIONS HEREIN, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE PAYMENTS MADE TO SELLER FOR THOSE PRODUCTS PURCHASED UNDER THE ORDER WHICH GAVE RISE TO THE CLAIM, AND (II) 1. IN NO EVENT SHALL SELLER HAVE ANY LIABILITY WILL LICENSOR OR ITS AFFILIATES OR THEIR SUPPLIERS BE LIABLE FOR ANY INDIRECTSPECIAL, SPECIALINCIDENTAL, PUNITIVE, INCIDENTAL INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGSDAMAGES TO ANY COMPUTER, DEVICE, OR SYSTEM, LOSS OF BUSINESS OR CONFIDENTIAL DATA, GOODWILL, USE OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVERLOSSES) ARISING OUT OF OR IN CONNECTION WITH ANY WAY RELATED TO ANY OF THE ORDER LICENSED MATERIALS OR THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION OR THE PRODUCT, BASIS OF THE CLAIM AND EVEN IF SELLER LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH THE DAMAGES OR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. 2. LICENSOR’S AND ITS AFFILIATES’ AND THEIR SUPPLIERS’ ENTIRE LIABILITY UNDER THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE LICENSED MATERIALS UP TO THE LESSER OF U.S. $300.00 AND THE FEES YOU PAID DURING THE 12-MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THOSE DAMAGES. NO ACTION, REGARDLESS OF FORM, RELATING TO THE LICENSED MATERIALS MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER YOU HAVE KNOWLEDGE OF THE OCCURRENCE WHICH GIVES RISE TO THE CAUSE OF ACTION.

EXCLUSION OF CERTAIN DAMAGES; LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING EXCEPT FOR EACH PARTY’S BREACH OF SECTION 5, OR CUSTOMER’S BREACH OF SECTION 1.2 OR 1.3, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, TREBLE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, DATA OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR RELATING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, (I) SELLER’S AGGREGATE CUMULATIVE TOTAL LIABILITY TO BUYER HEREUNDERHOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF WARRANTY OR CONTRACT, INDEMNIFICATIONS HEREINBREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE PAYMENTS MADE TO SELLER FOR THOSE PRODUCTS PURCHASED UNDER THE ORDER WHICH GAVE RISE TO THE CLAIM, AND (II) IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN CONNECTION WITH THE ORDER OR THE PRODUCT, EVEN IF SELLER HAS BEEN THE OTHER PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR EACH PARTY’S BREACH OF SECTION 5, OR CUSTOMER’S BREACH OF SECTION 1.2 OR 1.3, EACH PARTY’S TOTAL LIABILITY (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. EXCEPT FOR ANY ACTION BY XXXXXXX FOR NON-PAYMENT, NEITHER PARTY MAY BRING ANY ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MORE THAN 12 MONTHS AFTER THE DATE THE CLAIM AROSE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY.