Common use of Exclusion of Consequential Damages Clause in Contracts

Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL A PARTY OR ANY PERMITTED COMPANY LICENSEE BE LIABLE TO THE OTHER PARTY OR ANY PERMITTED COMPANY LICENSEE OR ANY OTHER ENTITY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA OR OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES IRRESPECTIVE OF WHETHER LICENSOR HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS.

Exclusion of Consequential Damages. SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY LAWSECTION 7.1, IN NO EVENT SHALL A WILL EITHER PARTY OR ANY PERMITTED COMPANY LICENSEE (NOR ITS RESPECTIVE AFFILIATES OR, IN THE CASE OF GENESYS, ITS SUBCONTRACTORS AND SUPPLIERS) BE LIABLE TO THE OTHER PARTY OR ANY PERMITTED COMPANY LICENSEE OR ANY OTHER ENTITY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA OR OTHER INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIALOR INDIRECT DAMAGES, PUNITIVE INCLUDING LOSS OR SIMILAR CORRUPTION OF DATA, LOSS OF BUSINESS, PROFITS OR GOODWILL (INCLUDING PECUNIARY LOSSES ARISING FROM LOSS OF GOODWILL), LOSSES RELATED TO A DISRUPTION OR STOPPAGE IN CUSTOMER’S OPERATIONS, WHETHER OR NOT SUCH DAMAGES IRRESPECTIVE OF WHETHER LICENSOR HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN ARE FORESEEABLE AND REGARDLESS OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATELEGAL THEORY ASSERTED, INCLUDING, WITHOUT LIMITATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITYLIABILITY OR OTHERWISE, MISREPRESENTATION, AND OTHER TORTSARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT.

Exclusion of Consequential Damages. SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY LAWSECTION 7.1, IN NO EVENT SHALL A WILL EITHER PARTY OR ANY PERMITTED COMPANY LICENSEE (NOR ITS RESPECTIVE AFFILIATES OR, IN THE CASE OF CARAHSOFT, ITS SUBCONTRACTORS AND SUPPLIERS) BE LIABLE TO THE OTHER PARTY OR ANY PERMITTED COMPANY LICENSEE OR ANY OTHER ENTITY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA OR OTHER INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIALOR INDIRECT DAMAGES, PUNITIVE INCLUDING LOSS OR SIMILAR CORRUPTION OF DATA, LOSS OF BUSINESS, PROFITS OR GOODWILL (INCLUDING PECUNIARY LOSSES ARISING FROM LOSS OF GOODWILL), LOSSES RELATED TO A DISRUPTION OR STOPPAGE IN CUSTOMER’S OPERATIONS, WHETHER OR NOT SUCH DAMAGES IRRESPECTIVE OF WHETHER LICENSOR HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN ARE FORESEEABLE AND REGARDLESS OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATELEGAL THEORY ASSERTED, INCLUDING, WITHOUT LIMITATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITYLIABILITY OR OTHERWISE, MISREPRESENTATION, AND OTHER TORTSARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT.