Common use of EXCLUSION OF INDIRECT DAMAGES Clause in Contracts

EXCLUSION OF INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT MAY NECTARI, ITS AFFILIATES, OR ITS AND THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, SUPPLIERS OR LICENSORS (I) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXTRAORDINARY, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR (II) FOR LOSS OF REVENUE OR PROFITS, LOSS OF TIME, LOST OF OR CORRUPTION TO DATA, LOSS OF USE, BUSINESS INTERRUPTION, DEPLETION OF GOODWILL OR ANY OTHER FINANCIAL LOSS, ARISING DIRECTLY OR INDIRECTLY FROM THE AGREEMENT, OR CAUSED BY THE SOFTWARE, OR THE MISUSE OR INABILITY TO USE THE SOFTWARE, OR THE DOCUMENTATION, EVEN IF NECTARI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NECTARI SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OR COSTS INCURRED IN CONNECTION WITH OBTAINING SUBSTITUTE SOFTWARE, RECEIVING SUPPORT SERVICES, CLAIMS MADE AGAINST YOU BY OTHERS, OR SIMILAR COSTS. THIS FOREGOING LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION: WHETHER IN CONTRACTUAL LIABILITY, APPLICATION OF THE WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OF MANUFACTURERS AND VENDORS, STRICT CIVIL LIABILITY OR UNDER ANY OTHER LEGAL THEORY.

EXCLUSION OF INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAWEXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, IN NO EVENT MAY NECTARIWILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR (A) ANY CLAIMS ASSERTING OR BASED ON THE USE, ITS AFFILIATESINABILITY TO USE, LOSS, INTERRUPTION OR DELAY OF THE SOFTWARE SERVICES, LOSS OF USE OF FACILITY OR EQUIPMENT, LOST BUSINESS, REVENUES OR PROFITS, LOSS OF GOODWILL, FAILURE OR INCREASED COST OF OPERATIONS, LOSS, DAMAGE OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SERVICE FAILURE, MALFUNCTION, DOWNTIME, SHUTDOWN, SERVICE INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION OR BREACHES IN SYSTEM SECURITY, OR ITS AND THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, SUPPLIERS OR LICENSORS (IB) BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXTRAORDINARY, CONSEQUENTIALEXEMPLARY, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR (II) FOR LOSS OF REVENUE OR PROFITSENHANCED DAMAGES, LOSS OF TIME, LOST ARISING OUT OF OR CORRUPTION TO DATAIN CONNECTION WITH THIS SaaS AGREEMENT OR ITS SUBJECT MATTER, LOSS IN THE CASE OF USE, BUSINESS INTERRUPTION, DEPLETION EACH OF GOODWILL OR ANY OTHER FINANCIAL LOSS, ARISING DIRECTLY OR INDIRECTLY FROM THE AGREEMENT, OR CAUSED BY THE SOFTWARE, OR THE MISUSE OR INABILITY TO USE THE SOFTWARE, OR THE DOCUMENTATIONCLAUSE (A) AND CLAUSE (B), EVEN IF NECTARI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NECTARI SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OR COSTS INCURRED IN CONNECTION WITH OBTAINING SUBSTITUTE SOFTWARESUCH DAMAGES ARE OTHERWISE FORESEEABLE, RECEIVING SUPPORT SERVICES, CLAIMS MADE AGAINST YOU BY OTHERS, OR SIMILAR COSTS. THIS FOREGOING LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION: WHETHER IN CONTRACTUAL LIABILITY, APPLICATION OF THE WARRANTYLEGAL OR EQUITABLE THEORY (CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY OF MANUFACTURERS AND VENDORS, STRICT CIVIL LIABILITY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL DAKTRONICS LIAIBLITY EXCEED THE TOTAL AMOUNT OF FEES PAID UNDER ANY OTHER LEGAL THEORYTHIS SaaS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO DAKTRONICS’ LIABILITY.

EXCLUSION OF INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT MAY NECTARI, ITS AFFILIATES, OR ITS AND THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, SUPPLIERS OR LICENSORS (I) SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXTRAORDINARYCONSEQUENTIAL OR PUNITIVE DAMAGES, CONSEQUENTIALHOWEVER CAUSED, SPECIAL, PUNITIVE ON ANY THEORY OF LIABILITY AND WHETHER OR EXEMPLARY NOT SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR (II) FOR LOSS OF REVENUE OR PROFITS, LOSS OF TIME, LOST OF OR CORRUPTION TO DATA, LOSS OF USE, BUSINESS INTERRUPTION, DEPLETION OF GOODWILL OR ANY OTHER FINANCIAL LOSS, ARISING DIRECTLY OR INDIRECTLY FROM THE AGREEMENT, OR CAUSED BY THE SOFTWARE, OR THE MISUSE OR INABILITY TO USE THE SOFTWARE, OR THE DOCUMENTATION, EVEN IF NECTARI NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING UNDER ANY CAUSE OF ACTION AND ARISING IN ANY WAY OUT OF THIS AGREEMENT. NECTARI THE FOREGOING LIMITATIONS SHALL NOT BE LIABLE APPLY TO YOU AN AWARD OF ENHANCED DAMAGES AVAILABLE UNDER 3 U.S.C. § 284 FOR ANY DAMAGES OR COSTS INCURRED IN CONNECTION WITH OBTAINING SUBSTITUTE SOFTWARE, RECEIVING SUPPORT SERVICES, CLAIMS MADE AGAINST YOU BY OTHERS, OR SIMILAR COSTSWILFUL PATENT INFRINGEMENT. THIS FOREGOING LIMITATION OF LIABILITY WILL DOES NOT APPLY REGARDLESS IN CASES CONFIDENTIAL OF THE FORM OF ACTION: WHETHER IN CONTRACTUAL LIABILITY, APPLICATION OF THE WARRANTY, TORT, (I) WILFUL MISCONDUCT OR GROSS NEGLIGENCE, PRODUCT LIABILITY (II) DEATH OR PERSONAL INJURY CAUSED BY A PARTY’S OR ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS NEGLIGENCE TO THE EXTENT SUCH EXCLUSION IS PROHIBITED BY APPLICABLE LAWS (III) BREACHES OF MANUFACTURERS ARTICLE 16 (CONFIDENTIALITY), (IV) BREACHES OF ARTICLE 12 (NON-COMPETE), AND VENDORS(V) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 14.1(a), STRICT CIVIL LIABILITY (c) OR (d) OR 14.2; FOR CLARITY, FOR THE INDEMNIFICATION OBLIGATION UNDER ANY OTHER LEGAL THEORYSECTION 14.1(b) THE LIMITATIONS AND CAPS SET OUT IN SUCH SECTION 14.1(b) SHALL APPLY IN PLACE OF THIS SECTION 15.

EXCLUSION OF INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT MAY NECTARI, ITS AFFILIATES, OR ITS AND THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, SUPPLIERS OR LICENSORS (I) SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXTRAORDINARYCONSEQUENTIAL OR PUNITIVE DAMAGES, CONSEQUENTIALHOWEVER CAUSED, SPECIAL, PUNITIVE ON ANY THEORY OF LIABILITY AND WHETHER OR EXEMPLARY NOT SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR (II) FOR LOSS OF REVENUE OR PROFITS, LOSS OF TIME, LOST OF OR CORRUPTION TO DATA, LOSS OF USE, BUSINESS INTERRUPTION, DEPLETION OF GOODWILL OR ANY OTHER FINANCIAL LOSS, ARISING DIRECTLY OR INDIRECTLY FROM THE AGREEMENT, OR CAUSED BY THE SOFTWARE, OR THE MISUSE OR INABILITY TO USE THE SOFTWARE, OR THE DOCUMENTATION, EVEN IF NECTARI NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING UNDER ANY CAUSE OF ACTION AND ARISING IN ANY WAY OUT OF THIS AGREEMENT. NECTARI THE FOREGOING LIMITATIONS SHALL NOT BE LIABLE APPLY TO YOU AN AWARD OF ENHANCED DAMAGES AVAILABLE UNDER 3 U.S.C. § 284 FOR ANY DAMAGES OR COSTS INCURRED IN CONNECTION WITH OBTAINING SUBSTITUTE SOFTWARE, RECEIVING SUPPORT SERVICES, CLAIMS MADE AGAINST YOU BY OTHERS, OR SIMILAR COSTSWILFUL PATENT INFRINGEMENT. THIS FOREGOING LIMITATION OF LIABILITY WILL DOES NOT APPLY REGARDLESS IN CASES 107 CONFIDENTIAL OF THE FORM OF ACTION: WHETHER IN CONTRACTUAL LIABILITY, APPLICATION OF THE WARRANTY, TORT, (I) WILFUL MISCONDUCT OR GROSS NEGLIGENCE, PRODUCT LIABILITY (II) DEATH OR PERSONAL INJURY CAUSED BY A PARTY’S OR ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS NEGLIGENCE TO THE EXTENT SUCH EXCLUSION IS PROHIBITED BY APPLICABLE LAWS (III) BREACHES OF MANUFACTURERS ARTICLE 16 (CONFIDENTIALITY), (IV) BREACHES OF ARTICLE 12 (NON-COMPETE), AND VENDORS(V) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 14.1(a), STRICT CIVIL LIABILITY (c) OR (d) OR 14.2; FOR CLARITY, FOR THE INDEMNIFICATION OBLIGATION UNDER ANY OTHER LEGAL THEORYSECTION 14.1(b) THE LIMITATIONS AND CAPS SET OUT IN SUCH SECTION 14.1(b) SHALL APPLY IN PLACE OF THIS SECTION 15.