Common use of Exclusion of Indirect Damages Clause in Contracts

Exclusion of Indirect Damages. EXCEPT FOR DAMAGES CAUSED BY FRAUD OR INTENTIONAL MISREPRESENTATION, PERFORCE, INCLUDING ITS SUPPLIERS AND LICENSORS, WILL NOT BE LIABLE TO THE LICENSEE FOR ANY INDIRECT, SPECIAL, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES, INCLUDING PUNITIVE OR MULTIPLE DAMAGES, OR ANY FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF DATA, EQUIPMENT DOWNTIME, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF REVENUE OR PROFIT SUFFERED BY THE OTHER FOR ANY REASON, WHETHER FORESEEABLE OR NOT, NOR SHALL PERFORCE BE LIABLE TO THE LICENSEE FOR ANY CLAIM AGAINST LICENSEE BY ANY THIRD PARTY FOR DAMAGES OF ANY KIND WHICH ARISE FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE OR THE DOCUMENTATION.

Exclusion of Indirect Damages. EXCEPT FOR DAMAGES CAUSED BY FRAUD OR INTENTIONAL MISREPRESENTATIONA BREACH OF A PARTY’S CONFIDENTIALITY OBLIGATIONS, PERFORCENEITHER PARTY (IN THE CASE OF ROGUE WAVE, INCLUDING ITS SUPPLIERS AND LICENSORS, ) IS OR WILL NOT BE LIABLE TO THE LICENSEE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES, INCLUDING PUNITIVE OR MULTIPLE DAMAGES, OR ANY FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF DATA, EQUIPMENT DOWNTIME, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF REVENUE OR PROFIT SUFFERED BY THE OTHER FOR ANY REASON, WHETHER FORESEEABLE OR NOT, NOR SHALL PERFORCE ROGUE WAVE BE LIABLE TO THE LICENSEE CUSTOMER FOR ANY CLAIM AGAINST LICENSEE CUSTOMER BY ANY THIRD PARTY FOR DAMAGES OF ANY KIND WHICH ARISE FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE OR THE DOCUMENTATION.

Exclusion of Indirect Damages. EXCEPT FOR DAMAGES CAUSED BY FRAUD OR INTENTIONAL MISREPRESENTATION, PERFORCEPRL, INCLUDING ITS SUPPLIERS AND LICENSORS, WILL NOT BE LIABLE TO THE LICENSEE FOR ANY INDIRECT, SPECIAL, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES, INCLUDING PUNITIVE OR MULTIPLE DAMAGES, OR ANY FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF DATA, EQUIPMENT DOWNTIME, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF REVENUE OR PROFIT SUFFERED BY THE OTHER FOR ANY REASON, WHETHER FORESEEABLE OR NOT, NOR SHALL PERFORCE PRL BE LIABLE TO THE LICENSEE FOR ANY CLAIM AGAINST LICENSEE BY ANY THIRD PARTY FOR DAMAGES OF ANY KIND WHICH ARISE FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE OR THE DOCUMENTATION.