Common use of Exclusion of Damages Clause in Contracts

Exclusion of Damages. IN NO EVENT SHALL BENTLEY OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO SUBSCRIBER FOR ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, DAMAGE TO REPUTATION, INTERRUPTION OF BUSINESS, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, COSTS OF DELAY, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING WITHOUT LIMITATION LOSS OF USE, INABILITY TO ACCESS ONLINE SERVICES OR ANY FAILURE OR DELIVERY OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF XXXXXXX HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER.

Exclusion of Damages. IN NO EVENT SHALL BENTLEY OR ITS LICENSORS AND SUPPLIERS CORCENTRIC BE LIABLE TO SUBSCRIBER DTNA FOR ANY LOST PROFITSINCIDENTAL, LOSS OF REVENUEDIRECT, LOSS OF GOODWILL, DAMAGE TO REPUTATION, INTERRUPTION OF BUSINESS, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, COSTS OF DELAY, OR FOR ANY INDIRECT, INCIDENTALSPECIAL, SPECIAL CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING WITHOUT LIMITATION LOSS LOST PROFITS, COSTS OF USEDELAY, INABILITY TO ACCESS ONLINE SERVICES OR ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DELIVERY DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF XXXXXXX CORCENTRIC HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR CLAIMSHAVE PROVEN INEFFECTIVE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW FOR THIS PARAGRAPH AND THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY LIMITATIONS CONTAINED IN THIS PARAGRAPH SHALL NOT APPLY TO SUBSCRIBERDAMAGES RESULTING FROM INTENTIONAL TORTS OR GROSS NEGLIGENCE OF CORCENTRIC. ANY CLAIM ARISING OUT OF THE PERFORMANCE OF SERVICES OR PAYMENT OF COMPENSATION AND REVENUE MUST BE MADE IN WRITING TO THE RESPONSIBLE PARTY WITHIN TWELVE (12) MONTHS OF THE DATE WHEN SUCH PERFORMANCE OR PAYMENT WAS COMPLETED OR SUPPOSED TO HAVE BEEN COMPLETED (UNLESS THE SAME WAS CONCEALED).

Exclusion of Damages. IN NO EVENT EXCEPT WITH RESPECT TO: (A) EITHER PARTY’S VIOLATION OF, OR UNAUTHORIZED USE, DISTRIBUTION, OR DISCLOSURE OF, THE OTHER PARTY’S INTELLECTUAL PROPERTY, NEITHER PARTY SHALL BENTLEY OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO SUBSCRIBER FOR ANY LOST BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF PRODUCTION, LOSS OF REVENUE, LOSS OF BUSINESS, , LOSS OF ANTICIPATED SAVINGS, LOSS OF COMPETITIVE ADVANTAGE, LOSS OF OR CORRUPTION TO DATA, LOSS OF GOODWILL, DAMAGE TO BUSINESS REPUTATION, INTERRUPTION ANY CLAIMS FROM THIRD PARTIES (EXCEPT IN RESPECT OF BUSINESSTHIRD PARTY CLAIMS ONLY AS SET OUT IN SECTION 8), COSTS ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE (INCLUDING ANY COST OF LOST OR DAMAGED DATA OR DOCUMENTATION, COSTS PROCUREMENT OF DELAYSUBSTITUTE SERVICES AND LOSS OF USE), OR FOR ANY INDIRECT, INCIDENTALEXEMPLARY, SPECIAL OR CONSEQUENTIAL PUNITIVE DAMAGES, REGARDLESS OF THE NATURE THEORY OF LIABILITY OR WHETHER THE CLAIM, INCLUDING WITHOUT LIMITATION LOSS OF USE, INABILITY TO ACCESS ONLINE SERVICES OR ANY FAILURE OR DELIVERY OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF XXXXXXX LIABLE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBERAND REGARDLESS IF A PARTY’S REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE.

Exclusion of Damages. IN NO EVENT SHALL BENTLEY WILL QLIK, ITS AFFILIATES, OR ITS LICENSORS AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS SUPPLIERS OR LICENSORS, BE LIABLE TO SUBSCRIBER FOR ANY LOST PROFITSLOSS OF SAVINGS, PROFITS OR REVENUES, LOSS OR CORRUPTION OF REVENUEDATA, LOSS OF GOODWILL, DAMAGE TO OR REPUTATION, INTERRUPTION INACCURACY OF BUSINESSANY DATA, COSTS THE PERFORMANCE AND/OR ACCESSIBILITY OF LOST ANY THIRD PARTY APPLICATIONS, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR DAMAGED DATA SOFTWARE OR DOCUMENTATION, COSTS OF DELAYLIABILITY ARISING FROM THIRD PARTY INTERACTIONS, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWSOEVER ARISING AND REGARDLESS OF THE NATURE THEORY OF THE CLAIM, LIABILITY (INCLUDING WITHOUT LIMITATION LOSS OF USE, INABILITY TO ACCESS ONLINE SERVICES NEGLIGENCE OR ANY FAILURE OR DELIVERY OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCESTRICT LIABILITY), EVEN IF XXXXXXX HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THE SAAS SERVICES IS NOT INTENDED FOR HIGH RISK ACTIVITIES AND BLENDR/QLIK WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES OR CLAIMS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW FOR ARISING FROM INHERENTLY DANGEROUS USE OF THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBERSAAS SERVICES.

Exclusion of Damages. IN NO EVENT SHALL BENTLEY OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO SUBSCRIBER FOR ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, DAMAGE TO REPUTATION, INTERRUPTION OF BUSINESS, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, COSTS OF DELAY, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING WITHOUT LIMITATION LOSS OF USE, INABILITY TO ACCESS ONLINE SERVICES OR ANY FAILURE OR DELIVERY OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF XXXXXXX BENTLEY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER.

Exclusion of Damages. IN NO EVENT SHALL BENTLEY OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO SUBSCRIBER FOR ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, DAMAGE TO REPUTATION, INTERRUPTION OF BUSINESS, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, COSTS OF DELAY, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING WITHOUT LIMITATION LOST PROFITS, COSTS OF DELAY, INTERRUPTION OF BUSINESS, LOSS OF USE, INABILITY TO ACCESS ONLINE SERVICES OR SERVICES, ANY FAILURE OF DELIVERY, COSTS OF LOST OR DELIVERY DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF XXXXXXX BENTLEY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO (1) PERSONAL INJURY OR DEATH RESULTING FROM LICENSOR’S NEGLIGENCE IN THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT; (2) FOR FRAUD; OR (3) FOR ANY OTHER MATTER FOR WHICH LIABILITY CANNOT BE EXCLUDED BY LAW.