Common use of Exclusions of Remedies; Limitation of Liability Clause in Contracts

Exclusions of Remedies; Limitation of Liability. IN NO EVENT WILL LAS OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF LAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY OF LAS TO CUSTOMER FOR ALL CLAIMS ARISING FROM OR RELATING TO THE AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED (A) WITH RESPECT TO PROFESSIONAL SERVICES, THE TOTAL AMOUNT OF ALL FEES PAID BY CUSTOMER FOR THAT PORTION OF THE PROFESSIONAL SERVICES THAT ARE THE BASIS FOR THE CLAIM; AND (B) WITH RESPECT TO THE SUBSCRIPTION SERVICES, THE TOTAL AMOUNT OF ALL FEES PAID BY CUSTOMER TO LAS FOR THE AFFECTED SUBSCRIPTION SERVICE DURING THE CONTRACT YEAR IN WHICH THE LIABILITY AROSE.

Exclusions of Remedies; Limitation of Liability. EXCEPT FOR LIABILITY RELATED TO INDEMNIFICATION AND DEFENSE OBLIGATIONS, CONFIDENTIALITY OBLIGATIONS, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, IN NO EVENT WILL LAS OR ITS LICENSORS AND SUPPLIERS SHALL EITHER PARTY BE LIABLE TO CUSTOMER THE OTHER PARTY OR ANY OF THEIR RESPECTIVE AFFILIATES FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITSPROFITS (WHETHER DEEMED DIRECT OR INDIRECT), COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF LAS A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF LAS TO CUSTOMER FOR ALL CLAIMS ARISING FROM THIS AGREEMENT HAVE BEEN BREACHED OR RELATING HAVE PROVEN INEFFECTIVE. NOTWITHSTANDING ANYTHING TO THE AGREEMENTCONTRARY CONTAINED HEREIN, INCLUDINGHASBRO, WITHOUT LIMITATIONINC. AND HASBRO INTERNATIONAL, ANY CAUSE OF ACTION SOUNDING IN CONTRACTINC. SHALL HAVE NO LIABILITY TO LICENSEE OR ITS AFFILIATES. FURTHER, TORTAND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OR STRICT LIABILITY, WILL NOT EXCEED (A) LICENSOR’S TOTAL LIABILITY WITH RESPECT TO PROFESSIONAL SERVICES, THE TOTAL AMOUNT OF ALL FEES PAID BY CUSTOMER FOR THAT PORTION OF THE PROFESSIONAL SERVICES THAT ARE THE BASIS FOR THE CLAIM; AND (BEACH CLAIM UNDER SECTION 7.1(b) WITH RESPECT TO THE SUBSCRIPTION SERVICES, THE TOTAL AMOUNT OF ALL FEES PAID BY CUSTOMER TO LAS FOR THE AFFECTED SUBSCRIPTION SERVICE DURING THE CONTRACT YEAR IN WHICH THE LIABILITY AROSESHALL NOT EXCEED ONE MILLION DOLLARS.

Exclusions of Remedies; Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LAS DISTILLERY SOLUTIONS BE LIABLE, WHETHER IN CONTRACT, IN TORT, OR ITS LICENSORS UNDER ANY OTHER LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO STRICT LIABILITY AND SUPPLIERS BE LIABLE NEGLIGENCE), TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL CONSEQUENTIAL, OR SIMILAR DAMAGES, OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITSPROFITS OR REVENUES, COSTS OF DELAY, LOSS OR INTERRUPTION OF USE, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATIONDOCUMENTATION OR SECURITY, OR SIMILAR ECONOMIC LOSS, LOSS OF PRIVACY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF LAS DISTILLERY SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THE CUMULATIVE LIABILITY OF LAS DISTILLERY SOLUTIONS TO CUSTOMER FOR ALL CLAIMS ARISING FROM OR RELATING TO THE THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED (A) WITH RESPECT TO PROFESSIONAL SERVICES, THE TOTAL AMOUNT OF ALL THE SERVICE FEES PAID TO DISTILLERY SOLUTIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRECEEDING THE DATE ON WHICH THE ALLEGED ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY OCCURRED. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER FOR THAT PORTION MORE THAN ONE (1) YEAR AFTER THE FIRST TO OCCUR OF: (A) TERMINATION OR EXPIRATION OF THE PROFESSIONAL SERVICES THAT ARE THE BASIS FOR THE CLAIM; AND THIS AGREEMENT, OR (B) WITH RESPECT THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO THE SUBSCRIPTION SERVICES, THE TOTAL AMOUNT SUCH CAUSE OF ALL FEES PAID BY CUSTOMER ACTION. THIS LIMITATION OF LIABILITY IS INTENDED TO LAS FOR THE AFFECTED SUBSCRIPTION SERVICE DURING THE CONTRACT YEAR IN WHICH THE LIABILITY AROSEAPPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR PROVEN INEFFECTIVE.

Exclusions of Remedies; Limitation of Liability. EXCEPT AS SET FORTH IN NO EVENT WILL LAS OR ITS LICENSORS SECTION 9 HEREOF AND SUPPLIERS FOR CLAIMS OF BREACH OF CONFIDENTIALITY UNDER THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO CUSTOMER THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF LAS A PARTY HAS BEEN 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 HAVE PROVEN INEFFECTIVE. EXCEPT AS SET FORTH IN SECTION 9 HEREOF, THE CUMULATIVE LIABILITY OF LAS EITHER PARTY TO CUSTOMER THE OTHER PARTY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED (A) WITH RESPECT TO PROFESSIONAL SERVICES, THE TOTAL AMOUNT LESSER OF ALL THE FEES PAID TO NUI Media BY CUSTOMER FOR THAT PORTION CLIENT AND TEN THOUSAND DOLLARS (US $10,000.00). THIS LIMITATION OF THE PROFESSIONAL SERVICES THAT ARE THE BASIS FOR THE CLAIM; AND (B) WITH RESPECT LIABILITY IS INTENDED TO THE SUBSCRIPTION SERVICES, THE TOTAL AMOUNT APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF ALL FEES PAID BY CUSTOMER TO LAS FOR THE AFFECTED SUBSCRIPTION SERVICE DURING THE CONTRACT YEAR IN WHICH THE LIABILITY AROSETHIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.

Exclusions of Remedies; Limitation of Liability. IN NO EVENT WILL LAS OR ITS LICENSORS AND SUPPLIERS EITHER PARTY BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, FOREGONE REVENUES, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR INDEMNIFICATION OF CLAIMS FROM, OR LIABILITIES TO TO, THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF LAS A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF CERTAIN DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THE CUMULATIVE LIABILITY OF LAS EITHER PARTY TO CUSTOMER THE OTHER PARTY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, AND FURTHER INCLUDING A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER WILL NOT EXCEED (A) WITH RESPECT TO PROFESSIONAL SERVICES, THE TOTAL AMOUNT OF ALL FEES PAID TO PARK ASSIST BY THE CUSTOMER FOR THAT PORTION OF THE PROFESSIONAL SERVICES THAT ARE THE BASIS ATTRIBUTABLE TO CHARGES FOR THE CLAIM; AND SUBSCRIPTION SERVICE SOFTWARE DURING THE TWELVE (B) WITH RESPECT 12)-MONTH PERIOD PRIOR TO THE SUBSCRIPTION SERVICESACT, THE TOTAL AMOUNT OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF ALL FEES PAID BY CUSTOMER LIABILITY IS INTENDED TO LAS FOR THE AFFECTED SUBSCRIPTION SERVICE DURING THE CONTRACT YEAR IN WHICH THE LIABILITY AROSEAPPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.

Exclusions of Remedies; Limitation of Liability. IN NO EVENT WILL LAS OR ITS LICENSORS AND SUPPLIERS EITHER PARTY BE LIABLE TO CUSTOMER THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF LAS A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY OF LAS NUKEYGARA TO CUSTOMER FOR ALL CLAIMS ARISING FROM OR RELATING TO THE THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIM FOR INDEMNIFICATION OR ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED (A) WITH RESPECT TO PROFESSIONAL SERVICES, THE TOTAL AMOUNT OF ALL FEES PAID BY CUSTOMER FOR THAT PORTION OVER THE LAST 12 MONTHS OR IF NOT APPLICABLE WILL BE LIMITED TO ONE HUNDRED EUROS (€ 100). THIS LIMITATION OF THE PROFESSIONAL SERVICES THAT ARE THE BASIS FOR THE CLAIM; AND (B) WITH RESPECT LIABILITY IS INTENDED TO THE SUBSCRIPTION SERVICES, THE TOTAL AMOUNT APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF ALL FEES PAID BY CUSTOMER TO LAS FOR THE AFFECTED SUBSCRIPTION SERVICE DURING THE CONTRACT YEAR IN WHICH THE LIABILITY AROSETHIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.

Exclusions of Remedies; Limitation of Liability. IN NO EVENT WILL LAS OR ITS LICENSORS AND SUPPLIERS EITHER PARTY BE LIABLE TO CUSTOMER THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF LAS A PARTY HAS BEEN 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 HAVE PROVEN INEFFECTIVE. THE CUMULATIVE LIABILITY OF LAS MEASURABL TO CUSTOMER SUBSCRIBER FOR ALL CLAIMS ARISING FROM OR RELATING TO THE THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED (A) WITH RESPECT TO PROFESSIONAL SERVICES, THE TOTAL AMOUNT OF ALL FEES PAID TO MEASURABL BY CUSTOMER FOR THAT PORTION OF SUBSCRIBER UNDER SECTION 3.1 DURING THE PROFESSIONAL SERVICES THAT ARE THE BASIS FOR THE CLAIM; AND SIX (B6) WITH RESPECT MONTH PERIOD PRIOR TO THE SUBSCRIPTION SERVICESACT, THE TOTAL AMOUNT OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF ALL FEES PAID BY CUSTOMER LIABILITY IS INTENDED TO LAS FOR THE AFFECTED SUBSCRIPTION SERVICE DURING THE CONTRACT YEAR IN WHICH THE LIABILITY AROSEAPPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.

Exclusions of Remedies; Limitation of Liability. IN NO EVENT WILL LAS ELASTIO OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, REGARDLESS OF THE NATURE OF THE CLAIM, EVEN IF LAS ELASTIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY OF LAS TO CUSTOMER ELASTIO FOR ALL CLAIMS ARISING FROM OR RELATING TO THE AGREEMENTAGREEMENT OR THE SUBSCRIPTION SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED (A) WITH RESPECT TO PROFESSIONAL SERVICES, THE TOTAL AMOUNT OF ALL FEES PAID BY CUSTOMER FOR THAT PORTION OF THE PROFESSIONAL SERVICES THAT ARE THE BASIS FOR THE CLAIM; AND (B) WITH RESPECT TO THE SUBSCRIPTION SERVICES, THE TOTAL AMOUNT OF ALL FEES PAID BY CUSTOMER TO LAS ELASTIO FOR THE AFFECTED SUBSCRIPTION SERVICE DURING THE CONTRACT YEAR APPLICABLE SERVICE PERIOD (i.e., MONTHLY FOR A STANDARD SUBSCRIPTION OR FOR A COMMITTED SUBSCRIPTION, THE DURATION OF THE COMMITTED SERVICE PERIOD IN WHICH THE LIABILITY AROSECLAIM AROSE OR 12 MONTHS OF FEES PAID, WHICHEVER IS LESS).

Exclusions of Remedies; Limitation of Liability. IN NO EVENT WILL LAS OR ITS LICENSORS AND SUPPLIERS PROVIDER BE LIABLE TO CUSTOMER CLIENT FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF LAS PROVIDER HAS BEEN 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 HAVE PROVEN INEFFECTIVE. UNLESS PROHIBITED BY LAW, THE CUMULATIVE LIABILITY OF LAS PROVIDER TO CUSTOMER CLIENT FOR ALL CLAIMS ARISING FROM OR RELATING TO THE THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED (A) WITH RESPECT TO PROFESSIONAL SERVICES, THE TOTAL AMOUNT OF ALL FEES PAID TO PROVIDER BY CUSTOMER FOR THAT PORTION OF CLIENT DURING THE PROFESSIONAL SERVICES THAT ARE TWELVE (12) MONTH PERIOD PRECEDING THE BASIS FOR EVENT GIVING RISE TO THE CLAIM; AND (B) WITH RESPECT . THIS LIMITATION OF LIABILITY IS INTENDED TO THE SUBSCRIPTION SERVICES, THE TOTAL AMOUNT APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF ALL FEES PAID BY CUSTOMER TO LAS FOR THE AFFECTED SUBSCRIPTION SERVICE DURING THE CONTRACT YEAR IN WHICH THE LIABILITY AROSETHIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.

Exclusions of Remedies; Limitation of Liability. IN NO EVENT WILL LAS OR ITS LICENSORS AND SUPPLIERS EITHER PARTY BE LIABLE TO CUSTOMER THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR (EXCEPT AS SET FORTH IN SECTION 10) LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF LAS SUCH PARTY HAS BEEN 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 HAVE PROVEN INEFFECTIVE. IN ANY EVENT, THE CUMULATIVE LIABILITY OF LAS EITHER PARTY TO CUSTOMER THE OTHER FOR ALL CLAIMS ARISING FROM OR RELATING TO THE THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED (A) WITH RESPECT TO PROFESSIONAL SERVICES, THE TOTAL AMOUNT OF ALL FEES PAID OR DUE TO VIPDESK BY CUSTOMER FOR THAT PORTION CLIENT UNDER THIS AGREEMENT. THIS LIMITATION OF THE PROFESSIONAL SERVICES THAT ARE THE BASIS FOR THE CLAIM; AND (B) WITH RESPECT LIABILITY IS INTENDED TO THE SUBSCRIPTION SERVICES, THE TOTAL AMOUNT APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF ALL FEES PAID BY CUSTOMER TO LAS FOR THE AFFECTED SUBSCRIPTION SERVICE DURING THE CONTRACT YEAR IN WHICH THE LIABILITY AROSETHIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.

Exclusions of Remedies; Limitation of Liability. EXCEPT IN CONNECTION WITH CUSTOMER’S VIOLATION OF ANY OF THE LICENSE TERMS SET FORTH IN THIS AGREEMENT (E.G., SECTIONS 2 AND 3), IN NO EVENT WILL LAS OR ITS LICENSORS AND SUPPLIERS EITHER PARTY BE LIABLE TO CUSTOMER THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF LAS A PARTY HAS BEEN 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 HAVE PROVEN INEFFECTIVE. THE CUMULATIVE LIABILITY OF LAS REGENT TO CUSTOMER FOR ALL CLAIMS ARISING FROM OR RELATING TO THE THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIM FOR INDEMNIFICATION OR ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED (A) WITH RESPECT TO PROFESSIONAL SERVICES, THE TOTAL AMOUNT OF ALL FEES PAID OR TO BE PAID TO REGENT BY CUSTOMER FOR THAT PORTION OF UNDER SECTION 4.1 DURING THE PROFESSIONAL SERVICES THAT ARE THE BASIS FOR THE CLAIM; AND TWELVE (B) WITH RESPECT 12)-MONTH PERIOD PRIOR TO THE SUBSCRIPTION SERVICESACT, THE TOTAL AMOUNT OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF ALL FEES PAID BY CUSTOMER LIABILITY IS INTENDED TO LAS FOR THE AFFECTED SUBSCRIPTION SERVICE DURING THE CONTRACT YEAR IN WHICH THE APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE THIS LIMITATION OF LIABILITY AROSEIS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.