Common use of L imitation of Liability Clause in Contracts

L imitation of Liability. LICENSEE ACKNOWLEDGES AND AGREES THAT THE CONTROLLER IS INHERENTLY COMPLEX AND MAY THEREFORE NOT BE COMPLETELY FREE OF ERRORS. LICENSEE FURTHER ACKNOWLEDGES THAT THE PERFORMANCE OF THE CONTROLLER MAY BE AFFECTED BY ANY NUMBER OF FACTORS, INCLUDING WITHOUT LIMITATION, TECHNICAL FAILURE OF THE CONTROLLER, ACTS OR OMISSIONS OF THIRD PARTIES, ELECTRICITY SUPPLY, ENVIRONMENTAL CONDITIONS AND OTHER CAUSES REASONABLY BEYOND THE CONTROL OF UNITRONICS. BY USING THE CONTROLLER LICENSEE DECLARES THAT LICENSEE ACCEPTS THESE FACTS AND THEIR CONSEQUENCES. UNITRONICS, ITS OFFICERS, EMPLOYEES, SHAREHOLDERS, LICENSORS, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE (WHETHER UNDER CONTRACT, TORT - INCLUDING NEGLIGENCE - OR OTHERWISE), TO LICENSEE OR TO ANY THIRD PARTY, FOR ANY LOSS OR DAMAGE, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, AND INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, PROFITS OR GOODWILL ARISING FROM OR RELATED TO DELIVERY, USE, PERFORMANCE OF OR INABILITY TO USE THE CONTROLLER OR ANY OF ITS COMPONENTS, WHETHER FORESEEABLE OR NOT, EVEN IF UNITRONICS, OR ANY ONE ON ITS BEHALF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

L imitation of Liability. LICENSEE ACKNOWLEDGES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND AGREES THAT THE CONTROLLER IS INHERENTLY COMPLEX AND MAY THEREFORE NOT BE COMPLETELY FREE OF ERRORS. LICENSEE FURTHER ACKNOWLEDGES THAT THE PERFORMANCE OF THE CONTROLLER MAY BE AFFECTED BY NOTWITHSTANDING ANY NUMBER OF FACTORS, INCLUDING WITHOUT LIMITATION, TECHNICAL FAILURE OF THE CONTROLLER, ACTS ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR OMISSIONS LIMITATION OF THIRD PARTIES, ELECTRICITY SUPPLY, ENVIRONMENTAL CONDITIONS AND OTHER CAUSES REASONABLY BEYOND THE CONTROL OF UNITRONICS. BY USING THE CONTROLLER LICENSEE DECLARES THAT LICENSEE ACCEPTS THESE FACTS AND THEIR CONSEQUENCES. UNITRONICS, ITS OFFICERS, EMPLOYEES, SHAREHOLDERS, LICENSORS, AGENTS AND SUCCESSORS LIABILITY: (A) SPIN SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING ANY DAMAGES ARISING FROM LOSS OF USE, LOSS OF DATA, LOST PROFITS, BUSINESS INTERRUPTION, OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF; AND (B) SPIN'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SHALL NOT EXCEED THE EXCESS OF $50,000 OR THE ACTUAL COSTS INCURRED BY THE CITY; PROVIDED, HOWEVER, IN NO EVENT SHALL SUCH LIMITATION AFFECT ANY RECOVERY UNDER THE INSURANCE REQUIRED TO BE MAINTAINED BY SPIN PURSUANT TO THIS AGREMEEMENT, IN EACH OF THE FOREGOING CASES (A) AND (B), REGARDLESS OF WHETHER UNDER SUCH LIABILITY ARISES FROM CONTRACT, INDEMNIFICATION, WARRANTY, TORT - (INCLUDING NEGLIGENCE - NEGLIGENCE), STRICT LIABILITY OR OTHERWISE), TO LICENSEE OR TO ANY THIRD PARTY, FOR ANY LOSS OR DAMAGE, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, AND INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, PROFITS OR GOODWILL ARISING FROM OR RELATED TO DELIVERY, USE, PERFORMANCE REGARDLESS OF OR INABILITY TO USE THE CONTROLLER OR ANY OF ITS COMPONENTS, WHETHER FORESEEABLE OR NOT, EVEN IF UNITRONICS, OR ANY ONE ON ITS BEHALF, ARE SPIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE. THE PARTIES AGREE THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK AND THAT SPIN WOULD NOT PROCEED IN THE ABSENCE OF SUCH ALLOCATION.

L imitation of Liability. LICENSEE ACKNOWLEDGES AND AGREES THAT THE CONTROLLER IS INHERENTLY COMPLEX AND MAY THEREFORE NOT BE COMPLETELY FREE OF ERRORS. LICENSEE FURTHER ACKNOWLEDGES THAT THE PERFORMANCE OF THE CONTROLLER MAY BE AFFECTED BY ANY NUMBER OF FACTORS, INCLUDING WITHOUT LIMITATION, TECHNICAL FAILURE OF THE CONTROLLER, ACTS OR OMISSIONS OF THIRD PARTIES, ELECTRICITY SUPPLY, ENVIRONMENTAL CONDITIONS AND OTHER CAUSES REASONABLY BEYOND THE CONTROL OF UNITRONICS. BY USING THE CONTROLLER LICENSEE DECLARES THAT LICENSEE ACCEPTS THESE FACTS AND THEIR CONSEQUENCES. UNITRONICS, ITS OFFICERS, EMPLOYEES, SHAREHOLDERS, LICENSORS, AGENTS AND SUCCESSORS IN NO EVENT SHALL NOT SOUND BE LIABLE (WHETHER UNDER CONTRACTTO DEALER, TORT - INCLUDING NEGLIGENCE - ANY CUSTOMER OR OTHERWISE), TO LICENSEE OR TO ANY OTHER THIRD PARTY, PARTY IN ANY MANNER FOR ANY LOSS OR DAMAGESPECIAL, INCLUDING INDIRECT, SPECIALNON-COMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE OR OTHER DAMAGES WHATSOEVEROF ANY KIND, AND INCLUDING, WITHOUT LIMITATION, ANY FOR LOST PROFITS, LOST SALES, LOST REVENUE OR LOSS OR DAMAGE TO BUSINESS EARNINGS, PROFITS OR GOODWILL ARISING FROM OR RELATED TO DELIVERY, OF USE, PERFORMANCE REGARDLESS OF OR INABILITY TO USE THE CONTROLLER OR ANY FORM OF ITS COMPONENTSACTION, WHETHER FORESEEABLE IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCTS LIABILITY, OR NOTOTHERWISE, EVEN IF UNITRONICS, SOUND HAS BEEN INFORMED OF OR ANY ONE ON ITS BEHALF, ARE ADVISED IS AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGESDAMAGES IN ADVANCE. SOUND’S TOTAL AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS SHALL BE LIMITED TO THE SUM OF THE AMOUNTS PAID TO SOUND BY DEALER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO A CLAIM AGAINST SOUND.

L imitation of Liability. LICENSEE ACKNOWLEDGES AND AGREES THAT TO THE CONTROLLER IS INHERENTLY COMPLEX AND MAY THEREFORE NOT BE COMPLETELY FREE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER VIASAT NOR ANY OF ERRORS. LICENSEE FURTHER ACKNOWLEDGES THAT THE PERFORMANCE OF THE CONTROLLER MAY BE AFFECTED BY ANY NUMBER OF FACTORS, INCLUDING WITHOUT LIMITATION, TECHNICAL FAILURE OF THE CONTROLLER, ACTS OR OMISSIONS OF THIRD PARTIES, ELECTRICITY SUPPLY, ENVIRONMENTAL CONDITIONS AND OTHER CAUSES REASONABLY BEYOND THE CONTROL OF UNITRONICS. BY USING THE CONTROLLER LICENSEE DECLARES THAT LICENSEE ACCEPTS THESE FACTS AND THEIR CONSEQUENCES. UNITRONICS, ITS OFFICERS, EMPLOYEES, SHAREHOLDERS, LICENSORS, AGENTS AND SUCCESSORS VIASAT’S PARTNERS SHALL NOT BE LIABLE (WHETHER UNDER CONTRACT, TORT - INCLUDING NEGLIGENCE - OR OTHERWISE), TO LICENSEE OR TO ANY THIRD PARTY, FOR ANY LOSS OR DAMAGEDIRECT, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES WHATSOEVER, AND INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, PROFITS OR GOODWILL ARISING FROM OR RELATED TO DELIVERY, USE, PERFORMANCE OUT OF USE OF THE SERVICE OR INABILITY TO USE THE CONTROLLER SERVICE OR OUT OF ANY BREACH OF ITS COMPONENTSANY REPRESENTATION OR WARRANTY. WITHOUT IN ANY WAY LIMITING THE FOREGOING, WHETHER FORESEEABLE IF FOR ANY REASON, BY OPERATION OF LAW OR NOTOTHERWISE, EVEN IF UNITRONICS, OR ANY ONE ON ITS BEHALF, ARE ADVISED PORTION OF THE POSSIBILITY FOREGOING LIMITATION OF LIABILITY SHALL BE VOIDED, THEN IN SUCH EVENT VIASAT’S MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY AND THE LIABILITY OF VIASAT’S PARTNERS SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO VIASAT BY YOU FOR THE APPLICABLE SERVICE DURING AND FOR A PERIOD OF TIME COMMENCING UPON THE OCCURRENCE OF ANY ERROR, DEFECT OR FAILURE AND CEASING UPON THE DISCOVERY OF SUCH DAMAGESERROR, DEFECT OR FAILURE, IN WHOLE OR IN PART; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL SUCH PERIOD OF TIME EXCEED THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHICH SUCH ERROR, DEFECT OR FAILURE IS FIRST DISCOVERED IN WHOLE OR IN PART.

L imitation of Liability. LICENSEE ACKNOWLEDGES INDEPENDENT OF, SEVERABLE FROM AND AGREES THAT TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT, IN NO EVENT WILL PDFTRON’S AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY THE CONTROLLER IS INHERENTLY COMPLEX LICENSEE), WITH RESPECT TO ANY AND MAY THEREFORE NOT BE COMPLETELY FREE OF ERRORS. LICENSEE FURTHER ACKNOWLEDGES THAT ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE PERFORMANCE OF THE CONTROLLER MAY BE AFFECTED BY ANY NUMBER OF FACTORSSOFTWARE, INCLUDING WITHOUT LIMITATION, TECHNICAL FAILURE OF THE CONTROLLER, ACTS OR OMISSIONS OF THIRD PARTIES, ELECTRICITY SUPPLY, ENVIRONMENTAL CONDITIONS AND OTHER CAUSES REASONABLY BEYOND THE CONTROL OF UNITRONICS. BY USING THE CONTROLLER LICENSEE DECLARES THAT LICENSEE ACCEPTS THESE FACTS AND THEIR CONSEQUENCES. UNITRONICS, ITS OFFICERS, EMPLOYEES, SHAREHOLDERS, LICENSORS, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE (WHETHER UNDER IN CONTRACT, TORT - (INCLUDING NEGLIGENCE - OR OTHERWISE)BREACH OF ANY DUTY) OR OTHERWISE EXCEED THE AMOUNT YOU HAVE PAID, TO LICENSEE OR TO ANY THIRD PARTYIF ANY, FOR THE SOFTWARE UNDER THIS AGREEMENT. IN NO EVENT WILL PDFTRON BE LIABLE YOU FOR ANY LOSS OR DAMAGECONSEQUENTIAL, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIALPUNITIVE, PUNITIVE EXEMPLARY OR OTHER DAMAGES WHATSOEVER, AND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF GOODWILL OR DAMAGE TO BUSINESS EARNINGSPROFITS, PROFITS REVENUE, OR GOODWILL EXPECTED SAVINGS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, LOSS OF DATA OR INFORMATION OR OTHER PECUNIARY LOSS) ARISING FROM OUT OF THIS AGREEMENT OR RELATED TO DELIVERY, USE, PERFORMANCE OF THE USE OR INABILITY TO USE THE CONTROLLER OR ANY OF ITS COMPONENTS, WHETHER FORESEEABLE OR NOTSOFTWARE, EVEN IF UNITRONICS, OR ANY ONE ON ITS BEHALF, ARE PDFTRON HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES WILL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

L imitation of Liability. LICENSEE ACKNOWLEDGES AND AGREES THAT NOTWITHSTANDING ANYTHING TO THE CONTROLLER IS INHERENTLY COMPLEX AND MAY THEREFORE NOT CONTRARY CONTAINED HEREIN, THE LIABILITY OF SELLER UNDER THIS AGREEMENT (WHETHER BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE, BUT EXCLUDING LIABILITY OF SELLER FOR BREACH OF WARRANTY (THE SOLE REMEDY FOR WHICH SHALL BE COMPLETELY FREE OF ERRORS. LICENSEE FURTHER ACKNOWLEDGES THAT THE PERFORMANCE OF THE CONTROLLER MAY BE AFFECTED BY ANY NUMBER OF FACTORS, INCLUDING WITHOUT LIMITATION, TECHNICAL FAILURE OF THE CONTROLLER, ACTS OR OMISSIONS OF THIRD PARTIES, ELECTRICITY SUPPLY, ENVIRONMENTAL CONDITIONS AND OTHER CAUSES REASONABLY BEYOND THE CONTROL OF UNITRONICS. BY USING THE CONTROLLER LICENSEE DECLARES THAT LICENSEE ACCEPTS THESE FACTS AND THEIR CONSEQUENCES. UNITRONICS, ITS OFFICERS, EMPLOYEES, SHAREHOLDERS, LICENSORS, AGENTS AND SUCCESSORS AS PROVIDED UNDER SECTION 8 ABOVE)) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL PURCHASE PRICE THERETOFORE PAID BY BUYER TO SELLER WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY OR (B) ONE MILLION DOLLARS ($1,000,000). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL SELLER BE LIABLE (WHETHER UNDER CONTRACT, TORT - INCLUDING NEGLIGENCE - OR OTHERWISE), TO LICENSEE OR TO ANY THIRD PARTY, FOR ANY LOSS OR DAMAGE, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIALCONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE OF FACILITIES OR EQUIPMENT, PUNITIVE OR OTHER DAMAGES WHATSOEVERLOSS OF REVENUE, AND INCLUDINGLOSS OF DATA, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, OF PROFITS OR GOODWILL ARISING FROM OR RELATED TO DELIVERYLOSS OF GOODWILL), USE, PERFORMANCE REGARDLESS OF OR INABILITY TO USE THE CONTROLLER OR ANY OF ITS COMPONENTS, WHETHER FORESEEABLE OR NOT, EVEN IF UNITRONICS, OR ANY ONE ON ITS BEHALF, ARE ADVISED SELLER (a) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR (b) IS NEGLIGENT. THE PARTIES AGREE THAT DAMAGE TO ANY SAMPLES OR ITEMS STORED IN THE PRODUCTS SHALL CONSTITUTE CONSEQUENTIAL DAMAGES SUBJECT TO THE PRECEDING DISCLAIMER.