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

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 6.1. DynamicWeb’s entire liability and your exclusive remedy for any breach of the limited warranty pursuant to Section 4 or for any other breach of this Agreement or for any other liability relating to the Software shall be, at DynamicWeb’s sole and absolute option, the repair or replacement of the Software that does not meet the limited warranty set forth in Section 4 within a reasonable time period, or repayment of the license fees or other invoices resulting from work performed by DynamicWeb. Any replacements will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. 6.2. In no event will DynamicWeb, DynamicWeb Software , its affiliates, a Licensor and/or any other of DynamicWeb’s suppliers be liable to you under this Agreement or otherwise for cumulative, aggregate damages, expenses, costs, litigation defense costs, fees, liabilities, suits, claims, restitution settlements or losses, that exceed, in the aggregate, the Fees paid by you hereunder in the twelve (12) month period prior to the date of the first event giving rise to the action. This liability cap is cumulative, with all payments being aggregated to determine satisfaction of the limit. The existence of two or more claims or suits, whether related or not, will not enlarge this limit. 6.3. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails to make you whole, and regardless of the nature of the claim or action, whether for breach of contract, breach of warranty, tort, negligence or other theory of liability.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 6.1. DynamicWebDynamicweb’s entire liability and your exclusive remedy for any breach of the limited warranty pursuant to Section 4 or for any other breach of this Agreement or for any other liability relating to the Software shall be, at DynamicWebDynamicweb’s sole and absolute option, the repair or replacement of the Software that does not meet the limited warranty set forth in Section 4 within a reasonable time period, or repayment of the license fees or other invoices resulting from work performed by DynamicWebDynamicweb. Any replacements will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. 6.2. In no event will DynamicWebDynamicweb, DynamicWeb Dynamicweb Software , its affiliates, a Licensor and/or any other of DynamicWebDynamicweb’s suppliers be liable to you under this Agreement or otherwise for cumulative, aggregate damages, expenses, costs, litigation defense costs, fees, liabilities, suits, claims, restitution settlements or losses, that exceed, in the aggregate, the Fees paid by you hereunder in the twelve (12) month period prior to the date of the first event giving rise to the action. This liability cap is cumulative, with all payments being aggregated to determine satisfaction of the limit. The existence of two or more claims or suits, whether related or not, will not enlarge this limit. 6.3. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails to make you whole, and regardless of the nature of the claim or action, whether for breach of contract, breach of warranty, tort, negligence or other theory of liability.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 6.1. DynamicWebDynamicweb’s entire liability and your exclusive remedy for any breach of the limited warranty pursuant to Section 4 or for any other breach of this Agreement or for any other liability relating to the Software shall be, at DynamicWebDynamicweb’s sole and absolute option, the repair or replacement of the Software that does not meet the limited warranty set forth in Section 4 within a reasonable time period, or repayment of the license fees or other invoices resulting from work performed by DynamicWebDynamicweb. Any replacements will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. 6.2. In no event will DynamicWebDynamicweb, DynamicWeb Dynamicweb Software , its affiliates, a Licensor and/or any other of DynamicWebDynamicweb’s suppliers be liable to you under this Agreement or otherwise for cumulative, aggregate damages, expenses, costs, litigation defense costs, fees, liabilities, suits, claims, restitution settlements or losses, that exceed, in the aggregate, the Fees amount of fees set forth in Section 1.3 paid by you hereunder in the twelve (12) month period prior to the date of the first event giving rise to the action. This liability cap is cumulative, with all payments being aggregated to determine satisfaction of the limit. The existence of two or more claims or suits, whether related or not, will not enlarge this limit. 6.3. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails to make you whole, and regardless of the nature of the claim or action, whether for breach of contract, breach of warranty, tort, negligence or other theory of liability.