Exclusion of Damages; Limitation of Liability. ANYTHING TO THE CONTRARY HEREIN NOTWITHSTANDING, EXCEPT FOR (I) DAMAGES RESULTING FROM (a) UNAUTHORIZED USE OR DISCLOSURE OF CONFIDENTIAL INFORMATION, (b) FRAUD OR WILFUL MISCONDUCT AND (c) DEATH OR PERSONAL INJURY ARISING FROM EITHER PARTY’S GROSS NEGLIGENCE OR ARISING FROM EITHER PARTY’S WILLFUL MISCONDUCT OR (II) SAP’S OBLIGATIONS UNDER SECTION 8.1, UNDER NO CIRCUMSTANCES AND REGARDLESS OF THE NATURE OF ANY CLAIM WILL SAP, ITS LICENSORS OR LICENSEE BE LIABLE TO EACH OTHER OR ANY OTHER PERSON OR ENTITY FOR AN AMOUNT IN EXCESS OF THE LICENSE FEES PAID BY LICENSEE TO PARTNER FOR THE SOFTWARE DIRECTLY CAUSING THE DAMAGES OR BE LIABLE IN ANY AMOUNT FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, LOSS OF GOOD WILL OR PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, ATTORNEYS’ FEES, COURT COSTS, INTEREST OR EXEMPLARY OR PUNITIVE DAMAGES.
Exclusion of Damages; Limitation of Liability. 9.2.1 Subject to sections 9.2.2, 9.2.3 and 9.2.4 below and regardless of the basis of liability (whether arising out of breach of contract, tort (including but not limited to negligence), misrepresentation, breach of statutory duty, breach of warranty or claims by third parties, wilful misconduct or otherwise) neither SAP or Licensee shall be liable to the other or any other party for any of the following types of loss or damage arising under or in relation to this Agreement:
(a) loss of profits or revenue; (ii) loss of business; (iii) loss of or damage to data; (iv) loss of goodwill; (v) losses from computer failure or malfunction; (vi) legal fees; (vii) computer failure or malfunction, (viii) interest or exemplary or punitive damages, or (ix) loss of anticipated savings; and regardless of whether any such loss or damage listed in this sub-section (a) is direct, indirect, special, incidental or consequential;
(b) indirect, special, incidental or consequential loss or damages and whether or not the other party had been advised of the possibility of such loss or damage; or
(c) loss or damage related to Third Party Software which exceeds the net Software license fees paid for the Third Party Software directly causing the loss or damage.
9.2.2 Subject to sections 9.2.1, 9.2.3 and 9.2.4 and regardless of the basis of liability (whether arising out of breach of contract, tort (including but not limited to negligence), misrepresentation, breach of statutory duty, breach of warranty or claims by third parties, wilful misconduct or otherwise) the aggregate liability of each party to the other or any other party for any loss or damage arising under or in relation to this Agreement shall not exceed the aggregate Software license fees paid for the Software directly causing the damages.
9.2.3 Nothing in this Agreement shall exclude or limit either party’s liability for death or personal injury caused by negligence, for fraud and fraudulent misrepresentation or for any other liability which cannot be excluded or limited by applicable law.
9.2.4 Nothing in this Agreement shall exclude or limit either party’s liability for damages resulting from unauthorized use or disclosure of Confidential Information, SAP’s liability for Third Party Claims under Section 8.1 or Licensee’s liability for any failure to pay any fees due under or in relation to this Agreement.
Exclusion of Damages; Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR OTHER LEGAL THEORY:
(A) NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, SUCH DAMAGES FOR LOSS OF BUSINESS PROFITS AND/OR BUSINESS INFORMATION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
(B) THE MAXIMUM AGGREGATE LIABILITY OF ONE PARTY TO THE OTHER PARTY UNDER THIS AGREEMENT FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, UNDER THE DEFENCE OBLIGATIONS SET FORTH IN SECTION 13 HEREOF, SHALL BE EQUAL TO [***] PAID BY COMPANY TO MICROSOFT HEREUNDER; PROVIDED THAT THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL NOT APPLY TO ANY DAMAGES ARISING FROM EITHER PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS CONTAINED IN SECTION 11 HEREOF OR INFRINGEMENT OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.
Exclusion of Damages; Limitation of Liability. ANYTHING TO THE CONTRARY HEREIN NOTWITHSTANDING, EXCEPT FOR (I) DAMAGES RESULTING FROM (a) UNAUTHORIZED USE OR DISCLOSURE OF CONFIDENTIAL INFORMATION, (b) FRAUD OR WILFUL MISCONDUCT AND
Exclusion of Damages; Limitation of Liability. ANYTHING TO THE CONTRARY HEREIN NOTWITHSTANDING, EXCEPT FOR DAMAGES RESULTING FROM UNAUTHORIZED USE OR DISCLOSURE OF CONFIDENTIAL INFORMATION OR DEATH OR PERSONAL INJURY ARISING FROM EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, UNDER NO CIRCUMSTANCES AND REGARDLESS OF THE NATURE OF ANY CLAIM SHALL SAP, ITS LICENSORS OR LICENSEE BE LIABLE TO EACH OTHER OR ANY OTHER PERSON OR ENTITY FOR AN AMOUNT OF DAMAGES IN EXCESS OF THE PAID LICENSE FEES FOR THE SOFTWARE DIRECTLY CAUSING THE DAMAGES OR BE LIABLE IN ANY AMOUNT FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, LOSS OF GOOD WILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, ATTORNEYS’ FEES, COURT COSTS, INTEREST OR EXEMPLARY OR PUNITIVE DAMAGES. The provisions of this Agreement allocate the risks between SAP and Licensee. The license fees reflect this allocation of risk and the limitations of liability herein. 损害排除；责任限制。即使本协议中有任何相反规定，除因未经授权使用或披露保密信息而导致的损害或因任何一方的重大过失或故意不当行为造成的人身伤亡以外，SAP、其许可方或被许可人在任何情况下且无论主张的性质为何，均不对对方或任何其他个人或单位就超出直接导致损害的软件已经支付的许可费用的损害赔偿金额承担责任，也不对任何特别的、原发性的、继发性的或间接的损害、商誉或营业利润损失、停工、数据丢失、计算机运行失败或故障、律师费、诉讼费、利息或惩罚性损害赔偿金额承担责任。本协议的规定在 SAP 与被许可人之间进行了风险分配。许可费用反映了前述风险分配和此处的责任限制。
Exclusion of Damages; Limitation of Liability. (a) IN NO EVENT SHALL HNC BE LIABLE TO RETEK OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE, OPERATION OR PERFORMANCE OF ANY OF THE LICENSED TECHNOLOGY, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT HNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
(b) IN NO EVENT SHALL HNC'S AGGREGATE CUMULATIVE TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED $10,000.
(c) THIS SECTION IS A MATERIAL INDUCEMENT AND CONDITION TO HNC FOR ENTERING INTO THIS AGREEMENT.
Exclusion of Damages; Limitation of Liability. Anything to the contrary herein notwithstanding and subject to Sections 9.1 and
Exclusion of Damages; Limitation of Liability. Anything to the contrary herein notwithstanding, except for (a) damages resulting from (i) unauthorized use or disclosure of confidential information; and (ii) death or personal injury arising from either party’s gross negligence or arising from either party’s willful misconduct or (b) HRMANTRA’s obligations under Section 8.1 or (c) Customer’s obligations under Section 8.2, under no circumstances and regardless of the nature of any claim will HRMANTRA its licensors or Customer be liable to each other or any other person or entity for an amount in excess of the subscription fees paid by Customer to Partner in the twelve months period immediately preceding the events giving rise to the claim for the Cloud Services directly causing the damages or be liable in any amount for special, incidental, consequential or indirect damages, loss of good will or profits, work stoppage, data loss, computer failure or malfunction, attorney’s fees, court costs, interest or exemplary or punitive damages.
Exclusion of Damages; Limitation of Liability. In no event will either party be liable to the other party for any indirect, incidental, exemplary, punitive or consequential damages (including without limitation loss of use, data, business or profits) or for the cost of procuring substitute products arising out of or in connection with the Agreement or the use, operation or performance of the Products, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), product liability or otherwise, and whether or not a party has been advised of the possibility of such loss or damages (the “Exclusion of Damages”). The total aggregate liability of either party arising under the Agreement, from all causes of action and all theories of liability, will not exceed the amounts paid to Illumio by Customer in the twelve (12) month period preceding the claim or action giving rise to any liability (the “Limitation of Liability”). The Limitation of Liability shall not apply to: (a) a party’s indemnification obligations under Section 10 (Indemnification); (b) breach of a party’s confidentiality obligations under Section 8 (Confidentiality); or (c) infringement by a party of the other party’s Intellectual Property Rights. The parties expressly acknowledge and agree that Illumio has set its Fees and entered into this Agreement in part in reliance upon the Exclusion of Damages and Limitations of Liability specified herein, which allocate the risk between Illumio and Customer and form a basis of the bargain.
Exclusion of Damages; Limitation of Liability. NEITHER CHMC NOR ITS AFFILIATES SHALL BE LIABLE TO ANY PARTY FOR SPECIAL, EXEMPLARY, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE PATENTS, TECHNOLOGY, BIOLOGICAL MATERIALS, PRODUCTS OR PROCESSES, INCLUDING BUT NOT LIMITED TO DAMAGES MEASURING LOST PROFITS, GOODWILL OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
