Common use of L imitation of Liability Clause in Contracts

L imitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF ZUMASYS AND ITS AGENTS FOR ALL MATTERS AND CLAIMS RELATING TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT THE LICENSEE PAID FOR THE SOFTWARE DURING THE 12 MONTHS PRIOR TO THE DATE THE CLAIM AROSE. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, ZUMASYS AND ITS AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR (A) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; OR (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET ZUMASYS SYSTEM REQUIREMENTS. THE ABOVE LIMITATIONS APPLY REGARDLESS OF WHETHER ZUMASYS OR ITS AGENTS HAD KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.

L imitation of Liability. (a) IN NO EVENT SHALL SELLER BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWBUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, THE ENTIRE LIABILITY REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF ZUMASYS AND ITS AGENTS FOR ALL MATTERS AND CLAIMS RELATING TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT THE LICENSEE PAID FOR THE SOFTWARE DURING THE 12 MONTHS PRIOR TO THE DATE THE CLAIM AROSE. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, ZUMASYS AND ITS AGENTS WILL NOT BE LIABLE, WHETHER IN BREACH OF CONTRACT, TORT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR (A) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; OR (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET ZUMASYS SYSTEM REQUIREMENTS. THE ABOVE LIMITATIONS APPLY REGARDLESS OF WHETHER ZUMASYS SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR ITS AGENTS HAD KNOWLEDGE NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE LOSS FAILURE OF ANY AGREED OR DAMAGEOTHER REMEDY OF ITS ESSENTIAL PURPOSE. (b) IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE GOODS SOLD HEREUNDER. (c) The limitation of liability set forth in S ection 11(b) above shall not apply to (i) liability resulting from Seller’s gross negligence or willful misconduct and (ii) death or bodily injury resulting from Xxxxxx’s acts or omissions.

L imitation of Liability. NOTWITHSTANDING ANYTHING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONTRARY, THE ENTIRE LIABILITY EXCEPT FOR BODILY INJURY OF ZUMASYS A PERSON, COMPANY AND ITS AGENTS FOR SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL MATTERS EQUIPMENT AND CLAIMS RELATING TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT WILL BE LIMITED OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO THE AMOUNT THE LICENSEE PAID COMPANY FOR THE SOFTWARE DURING SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE DATE ACT THAT GAVE RISE TO THE CLAIM AROSE. ADDITIONALLYLIABILITY, SUBJECT TO APPLICABLE LAW, ZUMASYS AND ITS AGENTS WILL NOT BE LIABLEIN EACH CASE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR (A) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; OR (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET ZUMASYS SYSTEM REQUIREMENTS. THE ABOVE LIMITATIONS APPLY REGARDLESS OF WHETHER ZUMASYS OR ITS AGENTS HAD KNOWLEDGE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THE LOSS OR DAMAGESUCH DAMAGES.

L imitation of Liability. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY ALLOWED UNDER APPLICABLE LAW, THE ENTIRE LIABILITY OF ZUMASYS IN NO EVENT SHALL SELLER, ITS AFFILIATES, SUPPLIERS AND ITS AGENTS SUBCONTRACTORS BE LIABLE TO PURCHASER OR TO ANY THIRD PARTY FOR ALL MATTERS AND CLAIMS RELATING TO THIS AGREEMENT WILL BE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO THE AMOUNT THE LICENSEE PAID LOSS OF PROFITS, LOSS OF USE, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, DOWNTIME COSTS, DELAYS NOR FOR ANY PENALITIES WHETHER ANY SUCH CLAIM FOR THE SOFTWARE DURING THE 12 MONTHS PRIOR TO THE DATE THE CLAIM AROSESAME IS BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, ZUMASYS AND ITS AGENTS WILL NOT BE LIABLE, SELLER'S LIABILITY FOR ANY SUCH CLAIMS WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, OR OTHERWISE, FOR (A) INDIRECT, SPECIAL, INCIDENTALSTRICT LIABILITY, OR CONSEQUENTIAL DAMAGES; OTHERWISE OR (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, FOR ANY LOSS OR THEFT OF DATADAMAGE ARISING OUT OF, VIRUSESCONNECTED WITH THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, SPYWAREOR FROM ANY DESIGN, LOSS OF BUSINESSSALE, REVENUEINSTALLATION, PROFITS OR INVESTMENT, OPERATION OR USE OF SOFTWARE THE EQUIPMENT OR HARDWARE THAT DOES NOT MEET ZUMASYS SYSTEM REQUIREMENTS. PERFORMANCE OF ANY SERVICES COVERED BY THIS AGREEMENT, SHALL IN NO EVENT EXCEED THE ABOVE LIMITATIONS APPLY REGARDLESS OF WHETHER ZUMASYS PURCHASE PRICE PAID TO SELLER BY PURCHASER FOR THE SPECIFIC EQUIPMENT OR ITS AGENTS HAD KNOWLEDGE OF PART THEREOF OR FOR THE POSSIBILITY OF SERVICES GIVING RISE TO THE LOSS OR DAMAGECLAIM.

L imitation of Liability. NOTWITHSTANDING ANYTHING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCONTRARY CONTAINED HEREIN, THE ENTIRE LIABILITY OF ZUMASYS XXXXXX UNDER THESE TERMS AND ITS AGENTS FOR ALL MATTERS AND CLAIMS RELATING TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT THE LICENSEE PAID FOR THE SOFTWARE DURING THE 12 MONTHS PRIOR TO THE DATE THE CLAIM AROSE. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, ZUMASYS AND ITS AGENTS WILL NOT BE LIABLE, CONDITIONS (WHETHER IN BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE) SHALL NOT EXCEED THE LICENSE FEE OR AGGREGATE SUBSCRIPTION SERVICES FEES PAID BY CUSTOMER FOR SUCH SOFTWARE OR SUBSCRIPTION SERVICES GIVING RISE TO SUCH LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL XXXXXX BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES; INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE OF FACILITIES OR (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWAREEQUIPMENT, LOSS OF BUSINESS, REVENUE, PROFITS LOSS OF PROFITS, LOSS OF GOODWILL, THE COSTS OF SUBSTITUTE SOFTWARE OR INVESTMENTSERVICES, LOSSES RESULTING FROM ERASURE, DAMAGE, DESTRUCTION OR OTHER LOSS OF FILES, DATA OR PROGRAMS OR THE COST OF RECOVERING SUCH INFORMATION, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET ZUMASYS SYSTEM REQUIREMENTS. THE ABOVE LIMITATIONS APPLY OTHER PECUNIARY LOSS), REGARDLESS OF WHETHER ZUMASYS OR ITS AGENTS HAD KNOWLEDGE XXXXXX (a) HAS BEEN INFORMED OF THE POSSIBILITY OF THE LOSS SUCH DAMAGES OR DAMAGE(b) IS NEGLIGENT.