Common use of GENERAL LIABILITY CAP Clause in Contracts

GENERAL LIABILITY CAP. EXCEPT FOR (A) FEES PAYABLE BY CUSTOMER UNDER THIS AGREEMENT, (B) DAMAGES ARISING OUT OF OR RELATING TO CUSTOMER’S BREACH OF SECTION 2 (“SOFTWARE LICENSE”) OF THIS AGREEMENT, (C) DAMAGES ARISING OUT OF OR RELATING TO A PARTY’S BREACH OF SECTION 11 (“CONFIDENTIALITY”) OF THIS AGREEMENT, (D) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 7 OR (E) DATA PROTECTION LOSSES (WHICH ARE SUBJECT TO SECTION 10.2 BELOW), TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE CUMULATIVE, AGGREGATE LIABILITY OF EITHER PARTY AND THEIR RESPECTIVE AFFILIATES FOR ALL CLAIMS OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ALL SCHEDULES, THE DATA PROCESSING ADDENDUM AND STATEMENTS OF WORK) ARE LIMITED TO (i) IN THE CASE OF STANDARD SOFTWARE, THE AMOUNTS PAID OR PAYABLE BY CUSTOMER FOR THE STANDARD SOFTWARE GIVING RISE TO THE CLAIM, OR (ii) IN THE CASE OF MAINTENANCE, THE TOTAL AMOUNT OF ALL FEES PAID OR PAYABLE TO BLUE YONDER FOR THE MAINTENANCE GIVING RISE TO THE CLAIM IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

GENERAL LIABILITY CAP. EXCEPT FOR (A) FEES PAYABLE BY CUSTOMER UNDER THIS AGREEMENT, (B) DAMAGES ARISING OUT OF OR RELATING TO CUSTOMER’S BREACH OF SECTION CLAUSE 2 (“SOFTWARE LICENSE”) OF THIS 一般责任上限。除了(a) 客户于本协议下应付的金额，(b)源于客户违反本协议第 2 条（软件许可）或与其相关的损害赔偿，(c) 源于一方违反本协议第 11 条（保密）或与其相关的损害赔偿， (d) 第 7 条中一方的赔偿义务，或(e) 数 AGREEMENT, (C) DAMAGES ARISING OUT OF OR RELATING TO A PARTY’S BREACH OF SECTION CLAUSE 11 (“CONFIDENTIALITY”) OF THIS AGREEMENT, (D) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 7 CLAUSE 7, OR (E) DATA PROTECTION LOSSES (WHICH ARE SUBJECT TO SECTION CLAUSE 10.2 BELOW), ) ， TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE CUMULATIVE, AGGREGATE LIABILITY OF EITHER PARTY AND THEIR RESPECTIVE AFFILIATES FOR ALL CLAIMS OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ALL SCHEDULES, ORDERING DOCUMENT AND THE DATA PROCESSING ADDENDUM AND STATEMENTS OF WORK) ARE LIMITED TO (i) IN THE CASE OF STANDARD SOFTWARE, THE AMOUNTS PAID OR PAYABLE BY CUSTOMER FOR THE STANDARD SOFTWARE GIVING RISE TO THE CLAIM, OR (ii) IN THE CASE OF MAINTENANCE, THE TOTAL AMOUNT OF ALL FEES PAID OR PAYABLE TO BLUE YONDER Blue Yonder FOR THE MAINTENANCE GIVING RISE TO THE CLAIM IN THE 12-12- MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.. 据保护损失（依下述第 10.2 条）之外，在适用法律的最大允许范围内，一方及其相关关联企业针对源自或与本协议 （包括所有订购文档及数据处理附录）相关的所有索赔或损失的累积及总体责任将仅限于：(i) 针对标准软件：客户为引起索赔的标准软件支付或应付的金额，或 (ii) 针对维护：引起索赔的事件之前 12 个月就引起索赔的维护碧涌达收到或应付给碧涌达的所有费用总计。

GENERAL LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEPT FOR (Ai) NONPAYMENT OF FEES DUE AND PAYABLE BY CUSTOMER UNDER THIS AGREEMENT, (Bii) DAMAGES ARISING OUT OF OR RELATING TO CUSTOMER’S BREACH VIOLATION OF SECTION 2 (“SOFTWARE LICENSE”) OF THIS AGREEMENTJDA’S OR ITS SUPPLIERS INTELLECTUAL PROPERTY RIGHTS, (Ciii) DAMAGES ARISING OUT OF OF, OR RELATING TO TO, A PARTY’S BREACH OF SECTION 11 (“CONFIDENTIALITY”) 6 OF THIS AGREEMENT, (Div) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 7 8, OR (EV) DATA PROTECTION LOSSES (WHICH ARE SUBJECT TO SECTION 10.2 9(b) BELOW), TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE CUMULATIVE, AGGREGATE LIABILITY OF EITHER PARTY AND THEIR RESPECTIVE AFFILIATES TO THE OTHER PARTY FOR ALL CLAIMS RELATED TO THE CLOUD SERVICES AND/OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ALL SCHEDULES, THE DATA PROCESSING ADDENDUM AND STATEMENTS OF WORKORDERING DOCUMENTS) ARE LIMITED TO (i) WILL NOT IN THE CASE OF STANDARD SOFTWARE, THE AMOUNTS PAID OR PAYABLE BY CUSTOMER FOR THE STANDARD SOFTWARE GIVING RISE TO THE CLAIM, OR (ii) IN THE CASE OF MAINTENANCE, ANY EVENT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID OR PAYABLE TO BLUE YONDER JDA FOR THE MAINTENANCE CLOUD SERVICE GIVING RISE TO THE CLAIM IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY CLAIM.