Common use of EXCLUSIVE REMEDY; LIMITATION OF LIABILITY Clause in Contracts

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. Notwithstanding any other provision herein, Seller’s sole and exclusive liability to Buyer for any breach of this Agreement, or breach of any warranty, express or implied, found to have been made in connection with this Agreement, shall be to repair or replace, at its option, any defective hardware, software, or parts sold hereunder, in accordance with the applicable manufacturer’s warranty pursuant to Section 5 above. Seller shall have no liability for any other damages, consequential or otherwise. Seller shall have no liability whatsoever to Buyer if computer software or computer hardware sold hereunder is subsequently upgraded, or is otherwise used with software or hardware that was not used with the software and/or hardware sold hereunder at the time of installation, or if any such software or hardware has been serviced by anyone other than Seller. Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer arising out of or related to data that has not been backed up, or data that is lost, damaged, corrupted, compromised for any reason (including but not limited to weak passwords or network security), or otherwise unsecured, in connection with any services or use of any products sold hereunder, and Xxxxx shall indemnify Seller for the same. In the event that Xxxxxx recommends a course of action for an engagement, but Xxxxx instructs Seller to pursue a different course of action despite Seller’s recommendation, Buyer shall assume sole responsibility for any problems that arise from Buyer’s course of action, and Seller shall have no liability for the same.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. Notwithstanding any other provision herein, Seller’s sole and exclusive liability to Buyer for any breach of this Agreement, or breach of any warranty, express or implied, found to have been made in connection with this Agreement, shall be to repair or replace, at its option, any defective hardware, software, or parts sold hereunder, in accordance with the applicable manufacturer’s warranty pursuant to Section 5 above. Seller shall have no liability for any other damages, consequential or otherwise. Seller shall have no liability whatsoever to Buyer if computer software or computer hardware sold hereunder is subsequently upgraded, or is otherwise used with software or hardware that was not used with the software and/or hardware sold hereunder at the time of installation, or if any such software or hardware has been serviced by anyone other than Seller. Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer arising out of or related to data that has not been backed up, or data that is lost, damaged, corrupted, compromised for any reason (including but not limited to weak passwords or network security), or otherwise unsecured, in connection with any services or use of any products sold hereunder, and Xxxxx Buyer shall indemnify Seller for the same. In the event that Xxxxxx recommends a course of action for an engagement, but Xxxxx instructs Seller to pursue a different course of action despite Seller’s recommendation, Buyer shall assume sole responsibility for any problems that arise from Buyer’s course of action, and Seller shall have no liability for the same.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. Notwithstanding any other provision herein, Seller’s sole and exclusive liability to Buyer for any breach of this Agreement, or breach of any warranty, express or implied, found to have been made in connection with this Agreement, shall be to repair or replace, at its option, any defective hardware, software, or parts sold hereunder, in accordance with the applicable manufacturer’s warranty pursuant to Section 5 above. Seller shall have no liability for any other indirect, incidental, special, punitive, exemplary, liquidated or consequential damages, consequential or any loss of profits, revenue, data or data use. In the event that Seller is found liable for any damages, Seller’s total aggregate liability for whatever cause, whether in an action in contract or in tort or otherwise, shall not exceed the lesser of the total amount that Buyer actually paid to Seller during the one-year period immediately preceding such claim, or Seller’s insurance coverage in the amount of three million dollars. Seller shall have no liability whatsoever to Buyer if computer software or computer hardware sold hereunder is subsequently upgraded, or is otherwise used with software or hardware that was not used with the software and/or hardware sold hereunder at the time of installation, or if any such software or hardware has been serviced by anyone other than Seller. Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer arising out of or related to data that has not been backed up, or data that is lost, damaged, corrupted, compromised for any reason (including but not limited to weak passwords or network security), or otherwise unsecured, in connection with any services or use of any products sold hereunder, and Xxxxx Buyer shall indemnify Seller for the same. In the event that Xxxxxx recommends a course of action for an engagement, but Xxxxx instructs Seller to pursue a different course of action despite Seller’s recommendation, Buyer shall assume sole responsibility for any problems that arise from Buyer’s course of action, and Seller shall have no liability for the same.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. Notwithstanding any other provision herein, Seller’s sole and exclusive liability to Buyer for any breach of this Agreement, or breach of any warranty, express or implied, found to have been made in connection with this Agreement, shall be to repair or replace, at its option, any defective hardware, software, or parts sold hereunder, in accordance with the applicable manufacturer’s warranty pursuant to Section 5 above. Seller shall have no liability for any other damages, consequential or otherwise. Seller shall have no liability whatsoever to Buyer if computer software or computer hardware sold hereunder is subsequently upgraded, or is otherwise used with software or hardware that was not used with the software and/or hardware sold hereunder at the time of installation, or if any such software or hardware has been serviced by anyone other than Seller. Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer arising out of or related to data that has not been backed up, or data that is lost, damaged, corrupted, compromised for any reason (including but not limited to weak passwords or network security), or otherwise unsecured, in connection with any services or use of any products sold hereunder, and Xxxxx Buyer shall indemnify Seller for the same. In the event that Xxxxxx recommends a course of action for an engagement, but Xxxxx instructs Seller to pursue a different course of action despite Seller’s recommendation, Buyer Xxxxx shall assume sole responsibility for any problems that arise from Buyer’s course of action, and Seller shall have no liability for the same.