Common use of Exclusions from Liability Clause in Contracts

Exclusions from Liability. IN NO EVENT OR CIRCUMSTANCE AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, UNDER ANY CIVIL CODE, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL TREND MICRO, ITS AFFILIATES, OR ITS OR THEIR SUPPLIERS (BOTH HARDWARE AND SOFTWARE)/LICENSORS/RESELLERS, BE LIABLE TO COMPANY OR ITS AFFILIATES OR CONTRACTORS UNDER THIS AGREEMENT OR IN CONNECTION WITH ITS SUBJECT MATTER FOR ANY CLAIMS, CAUSES OF ACTION, EXPENSES, LOSSES, OR DAMAGES ARISING FROM OR RELATED TO: LOSS OF USE OF ANY NETWORKS, SYSTEMS, SOFTWARE, HARDWARE, COMPUTERS, OR DEVICES; COMPROMISE, LOSS, OR CORRUPTION OF DATA; LOST OR ANTICIPATED BUSINESS REVENUE; FAILURE TO REALIZE EXPECTED SAVINGS; ANY THIRD PARTY CLAIM AGAINST COMPANY; REDUCTION IN REPUTATION, OR GOODWILL; PROCUREMENT OF SUBSTITUTE GOODS, SOFTWARE OR SERVICES; LOSS OF BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS; OR OTHERWISE FOR ANY INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, TREND MICRO’S (OR ITS AFFILIATES) PERFORMANCE UNDER THIS AGREEMENT, OR ANY PRODUCT, UPDATES, AND/OR MAINTENANCE, WHETHER OR NOT FORESEEABLE, EVEN IF THE EXCLUSIVE REMEDIES PROVIDED BY THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF TREND MICRO AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES.

Exclusions from Liability. IN UNDER NO EVENT OR CIRCUMSTANCE AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), DELICT, CONTRACT, UNDER ANY CIVIL CODE, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL TREND MICRO, ITS AFFILIATES, OR ITS OR THEIR SUPPLIERS (BOTH HARDWARE AND SOFTWARE)/LICENSORS/RESELLERSSUPPLIERS, BE LIABLE TO COMPANY OR ITS AFFILIATES OR CONTRACTORS UNDER THIS AGREEMENT OR IN CONNECTION WITH ITS SUBJECT MATTER FOR ANY CLAIMS, CAUSES OF ACTION, EXPENSES, LOSSES, OR DAMAGES ARISING FROM OR RELATED TO: LOSS OF USE OF ANY NETWORKS, SYSTEMS, SOFTWARE, HARDWARE, COMPUTERS, OR DEVICES; COMPROMISE, LOSS, OR CORRUPTION OF DATA; LOST OR ANTICIPATED BUSINESS REVENUE; FAILURE TO REALIZE EXPECTED SAVINGS; ANY THIRD PARTY CLAIM AGAINST COMPANY; REDUCTION IN REPUTATION, OR GOODWILL; PROCUREMENT OF SUBSTITUTE GOODS, SOFTWARE OR SERVICES; LOSS OF BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGSOPPORTUNITY; OR OTHERWISE FOR ANY INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, TREND MICRO’S (OR ITS AFFILIATES) PERFORMANCE UNDER THIS AGREEMENT, OR ANY PRODUCT, UPDATES, AND/OR MAINTENANCE, WHETHER OR NOT FORESEEABLE, EVEN IF THE EXCLUSIVE REMEDIES PROVIDED BY THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF TREND MICRO AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES.

Exclusions from Liability. IN NO EVENT OR CIRCUMSTANCE AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, UNDER ANY CIVIL CODE, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL TREND MICROTXONE NETWORKS, ITS AFFILIATES, OR ITS OR THEIR SUPPLIERS (BOTH HARDWARE AND SOFTWARE)/LICENSORS/RESELLERS, BE LIABLE TO COMPANY OR ITS AFFILIATES OR CONTRACTORS UNDER THIS AGREEMENT OR IN CONNECTION WITH ITS SUBJECT MATTER FOR ANY CLAIMS, CAUSES OF ACTION, EXPENSES, LOSSES, OR DAMAGES ARISING FROM OR RELATED TO: LOSS OF USE OF ANY NETWORKS, SYSTEMS, SOFTWARE, HARDWARE, COMPUTERS, OR DEVICES; COMPROMISE, LOSS, OR CORRUPTION OF DATA; LOST OR ANTICIPATED BUSINESS REVENUE; FAILURE TO REALIZE EXPECTED SAVINGS; ANY THIRD PARTY CLAIM AGAINST COMPANY; REDUCTION IN REPUTATION, OR GOODWILL; PROCUREMENT OF SUBSTITUTE GOODS, SOFTWARE OR SERVICES; LOSS OF BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS; OR OTHERWISE FOR ANY INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, TREND MICRO’S TXONE NETWORKS’ (OR ITS AFFILIATES) PERFORMANCE UNDER THIS AGREEMENT, OR ANY PRODUCT, UPDATES, AND/OR MAINTENANCE, WHETHER OR NOT FORESEEABLE, EVEN IF THE EXCLUSIVE REMEDIES PROVIDED BY THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF TREND MICRO TXONE NETWORKS AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES. IF COMPANY IS IN THE EUROPEAN ECONOMIC AREA, REFERENCES TO “INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES” SHALL ALSO MEAN ANY LOSSES OR DAMAGES WHICH: (a) WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES; (b) WERE KNOWN TO COMPANY BUT NOT TO TXONE NETWORKS; AND/OR (c) WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED BY COMPANY SUCH AS, FOR EXAMPLE, LOSSES CAUSED BY VIRUSES, MALWARE, OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO COMPANY DATA.

Exclusions from Liability. IN NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, MOTOROLA WILL HAVE NO EVENT OR CIRCUMSTANCE AND UNDER NO LEGAL THEORYLIABILITY FOR DAMAGES ARISING OUT OF (A) CUSTOMER DATA, WHETHER IN TORT (INCLUDING NEGLIGENCE)ITS TRANSMISSION TO MOTOROLA, CONTRACT, UNDER ANY CIVIL CODE, AND/OR ANY OTHER LEGAL DATA AVAILABLE THROUGH THE PRODUCTS OR EQUITABLE THEORYSERVICES; (B) CUSTOMER-PROVIDED EQUIPMENT OR SITES; NON-MOTOROLA MATERIALS; THIRD-PARTY EQUIPMENT, SHALL TREND MICROHARDWARE, ITS AFFILIATESSOFTWARE, DATA, OR ITS CONTENT; OR THEIR SUPPLIERS UNKNOWN OR UNAUTHORIZED COMBINATION OF PRODUCTS AND SERVICES ; (BOTH HARDWARE C) LOSS OF DATA, HACKING, RANSOMWARE, THIRD-PARTY ATTACKS OR DEMANDS; (D) MODIFICATION OF PRODUCTS OR SERVICES NOT AUTHORIZED BY MOTOROLA; (E) RECOMMENDATIONS PROVIDED IN CONNECTION WITH THE PRODUCTS AND SOFTWARE)/LICENSORS/RESELLERS, BE LIABLE TO COMPANY SERVICES PROVIDED UNDER THIS AGREEMENT; (F) DATA RECOVERY SERVICES OR ITS AFFILIATES DATABASE MODIFICATIONS; OR CONTRACTORS UNDER (G) CUSTOMER’S OR ANY AUTHORIZED USER’S BREACH OF THIS AGREEMENT OR MISUSE OF THE PRODUCTS AND SERVICES. IN CONNECTION WITH ITS SUBJECT MATTER ADDITION TO THE FOREGOING EXCLUSIONS FROM DAMAGES, AND NOTWITHSTANDING ANY PROVISION OF THE AGREEMENT TO THE CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR ANY CLAIMS(A) INTERRUPTION OR FAILURE OF CONNECTIVITY, CAUSES OF ACTION, EXPENSES, LOSSESVULNERABILITIES, OR DAMAGES ARISING FROM SECURITY EVENTS; (B) DISRUPTION OF OR RELATED TO: LOSS DAMAGE TO CUSTOMER’S OR THIRD PARTIES’ SYSTEMS, EQUIPMENT, OR DATA, INCLUDING DENIAL OF USE ACCESS TO USERS, OR SHUTDOWN OF SYSTEMS CAUSED BY INTRUSION DETECTION SOFTWARE OR HARDWARE; (C) AVAILABILITY OR ACCURACY OF ANY NETWORKS, SYSTEMS, SOFTWARE, HARDWARE, COMPUTERS, OR DEVICES; COMPROMISE, LOSS, OR CORRUPTION OF DATA; LOST OR ANTICIPATED BUSINESS REVENUE; FAILURE TO REALIZE EXPECTED SAVINGS; ANY THIRD PARTY CLAIM AGAINST COMPANY; REDUCTION IN REPUTATION, OR GOODWILL; PROCUREMENT OF SUBSTITUTE GOODS, DATA AVAILABLE THROUGH THE SUBSCRIPTION SOFTWARE OR SERVICES, OR INTERPRETATION, USE, OR MISUSE THEREOF; LOSS OF BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS(D) TRACKING AND LOCATION-BASED SERVICES; OR OTHERWISE FOR ANY INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, TREND MICRO’S (OR ITS AFFILIATESE) PERFORMANCE UNDER THIS AGREEMENT, OR ANY PRODUCT, UPDATES, AND/OR MAINTENANCE, WHETHER OR NOT FORESEEABLE, EVEN IF THE EXCLUSIVE REMEDIES PROVIDED BY THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF TREND MICRO AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGESBETA SERVICES.

Exclusions from Liability. IN NO EVENT OR CIRCUMSTANCE AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, UNDER ANY CIVIL CODE, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL TREND MICROTXONE NETWORKS, ITS AFFILIATES, OR ITS OR THEIR SUPPLIERS (BOTH HARDWARE AND SOFTWARE)/LICENSORS/RESELLERS, BE LIABLE TO COMPANY OR ITS AFFILIATES OR CONTRACTORS UNDER THIS AGREEMENT OR IN CONNECTION WITH ITS SUBJECT MATTER FOR ANY CLAIMS, CAUSES OF ACTION, EXPENSES, LOSSES, OR DAMAGES ARISING FROM OR RELATED TO: LOSS OF USE OF ANY NETWORKS, SYSTEMS, SOFTWARE, HARDWARE, COMPUTERS, OR DEVICES; COMPROMISE, LOSS, OR CORRUPTION OF DATA; LOST OR ANTICIPATED BUSINESS REVENUE; FAILURE TO REALIZE EXPECTED SAVINGS; ANY THIRD PARTY CLAIM AGAINST COMPANY; REDUCTION IN REPUTATION, OR GOODWILL; PROCUREMENT OF SUBSTITUTE GOODS, SOFTWARE OR SERVICES; LOSS OF BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS; OR OTHERWISE FOR ANY INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, TREND MICRO’S TXONE NETWORKS’ (OR ITS AFFILIATES) PERFORMANCE UNDER THIS AGREEMENT, OR ANY PRODUCT, UPDATES, AND/OR MAINTENANCE, WHETHER OR NOT FORESEEABLE, EVEN IF THE EXCLUSIVE REMEDIES PROVIDED BY THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF TREND MICRO TXONE NETWORKS AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCHDAMAGES. IF COMPANY IS IN THE EUROPEAN ECONOMIC AREA, REFERENCES TO “INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES” SHALL ALSO MEAN ANY LOSSES OR DAMAGES WHICH: (a) WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES; (b) WERE KNOWN TO COMPANY BUT NOT TO TXONE NETWORKS; AND/OR (c) WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED BY COMPANY SUCH DAMAGESAS, FOR EXAMPLE, LOSSES CAUSED BY VIRUSES, MALWARE, OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO COMPANY DATA.

Exclusions from Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN NO EVENT OR CIRCUMSTANCE AND UNDER NO LEGAL THEORYTHIS SAASA, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, UNDER ANY CIVIL CODE, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, NEITHER PARTY SHALL TREND MICRO, ITS AFFILIATES, OR ITS OR THEIR SUPPLIERS (BOTH HARDWARE AND SOFTWARE)/LICENSORS/RESELLERS, BE LIABLE TO COMPANY THE OTHER OR ITS AFFILIATES OR CONTRACTORS UNDER THIS AGREEMENT SAASA OR IN CONNECTION WITH ITS SUBJECT MATTER HEREWITH FOR ANY CLAIMS, CAUSES OF ACTION, EXPENSES, LOSSES, LOSSES OR DAMAGES ARISING FROM OR RELATED TO: (I) LOSS OF USE OF ANY NETWORKS, SYSTEMS, SOFTWARE, HARDWARE, COMPUTERS, OR DEVICES; COMPROMISE, LOSS, (II) LOSS OR CORRUPTION OF DATA; (III) LOST PROFITS OR ANTICIPATED BUSINESS REVENUE; FAILURE TO REALIZE EXPECTED SAVINGS; ANY THIRD PARTY CLAIM AGAINST COMPANY; REDUCTION IN REPUTATION, OR GOODWILL; (IV) PROCUREMENT OF SUBSTITUTE GOODS, SOFTWARE OR SERVICES; (V) LOSS OF BUSINESS OPPORTUNITY BUSINESS, GOODWILL, OPPORTUNITY, REVENUE OR ANTICIPATED SAVINGS; OR (VI) OTHERWISE FOR ANY INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENTSAASA, TREND MICROPROVIDER’S (OR ITS AFFILIATES) AFFILIATES PERFORMANCE UNDER THIS AGREEMENTHEREUNDER, OR ANY PRODUCT, UPDATES, AND/OR MAINTENANCE, WHETHER OR NOT FORESEEABLE, EVEN IF THE EXCLUSIVE REMEDIES PROVIDED BY THIS AGREEMENT SAASA FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF TREND MICRO A PARTY AND/OR ITS AFFILIATES HAVE HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES. IF CUSTOMER IS IN THE EUROPEAN ECONOMIC AREA, REFERENCES TO “INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES” SHALL ALSO MEAN ANY LOSSES OR DAMAGES WHICH: (A) WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES; (B) WERE KNOWN TO CUSTOMER BUT NOT TO PROVIDER; AND/OR (C) WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED BY CUSTOMER SUCH AS, FOR EXAMPLE, LOSSES CAUSED BY VIRUSES, MALWARE, OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO CUSTMER DATA.