Common use of Liability Limit Clause in Contracts

Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, INCLUDING WITHOUT LIMITATION USE OF ANY APIS, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE USER SHALL HAVE NO LIABILITY WITH RESPECT TO THE SERVICE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE WITH RESPECT TO THE ACCURACY OR RELIABILITY OF INFORMATION PROVIDED BY THE AUDITOR, WHETHER INPUTTED INTO THE CAPITAL CONFIRMATION WEBSITE OR ANY ASSOCIATED PLATFORMS BY US CAPITAL CONFIRMATION OR BY THE AUDITOR. THE AUDITOR MAINTAINS THE SOLE RESPONSIBILITY AND LIABILITY FOR REVIEWING AND APPROVING THE INFORMATION POPULATED INTO THE CAPITAL CONFIRMATION WEBSITE AND ASSOCIATED PLATFORMS. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRECEDING THE FIRST DATE ON WHICH SUCH LIABILITY AROSE, AND (B) $100. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF ANY APIS PROVIDED BY CAPITAL CONFIRMATION SHALL BE FOR CAPITAL CONFIRMATION TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE NONPERFORMING APIS.

Liability Limit. IN NO EVENT SHALL WE, SALT EDGE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, INCLUDING WITHOUT LIMITATION USE OF ANY APIS, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE USER SHALL HAVE NO LIABILITY WITH RESPECT TO THE SERVICE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE, SALT EDGE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE WITH RESPECT TO THE ACCURACY OR RELIABILITY OF INFORMATION PROVIDED BY SALT EDGE OR THE AUDITOR, WHETHER INPUTTED INTO OR ACCESSED BY THE CAPITAL CONFIRMATION WEBSITE OR ANY ASSOCIATED PLATFORMS BY US CAPITAL CONFIRMATION CONFIRMATION, SALT EDGE, OR BY THE AUDITOR. THE AUDITOR MAINTAINS THE SOLE RESPONSIBILITY AND LIABILITY FOR REVIEWING AND APPROVING THE INFORMATION POPULATED INTO THE CAPITAL CONFIRMATION WEBSITE AND ASSOCIATED PLATFORMS. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, SALT EDGE, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRECEDING THE FIRST DATE ON WHICH SUCH LIABILITY AROSE, AND (B) $100. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF ANY APIS PROVIDED BY CAPITAL CONFIRMATION SHALL BE FOR CAPITAL CONFIRMATION TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE NONPERFORMING APIS.

Liability Limit. IN NO EVENT SHALL WEEITHER PARTY (INCLUDING SUCH PARTY’S SUBCONTRACTORS, OUR SUBSIDIARIESAGENTS, EMPLOYEES SUPPLIERS, DIRECTORS OR OUR SUPPLIERS EMPLOYEES) BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, INCLUDING WITHOUT LIMITATION USE OF ANY APIS, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE USER SHALL HAVE NO LIABILITY WITH RESPECT TO THE SERVICE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, RELIANCE OR PUNITIVE CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS OR OTHER SIMILAR PECUNIARY LOSS) WHETHER ARISING FROM CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY EVEN IF IT HAS BEEN ADVISED SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL WEEITHER PARTY’S TOTAL CUMULATIVE LIABILITY PURSUANT TO THIS AGREEMENT EXCEED THE LICENSE FEES PAID AND/OR PAYABLE BY CUSTOMER TO SAILPOINT UNDER THIS AGREEMENT. FOR MAINTENANCE SERVICES OR A PRODUCT SUBJECT TO RECURRING FEES, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE WITH RESPECT TO THE ACCURACY OR RELIABILITY OF INFORMATION PROVIDED BY THE AUDITOR, WHETHER INPUTTED INTO THE CAPITAL CONFIRMATION WEBSITE OR ANY ASSOCIATED PLATFORMS BY US CAPITAL CONFIRMATION OR BY THE AUDITOR. THE AUDITOR MAINTAINS THE SOLE RESPONSIBILITY AND LIABILITY FOR REVIEWING AND APPROVING THE INFORMATION POPULATED INTO THE CAPITAL CONFIRMATION WEBSITE AND ASSOCIATED PLATFORMS. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) SHALL NOT EXCEED THE AMOUNT OF FEES YOU PAY TO US IN PAID AND/OR OWED (AS APPLICABLE) FOR SUCH MAINTENANCE SERVICE OR PRODUCT DURING THE 12 TWELVE (12) MONTHS PRECEDING THE FIRST DATE ON WHICH SUCH LIABILITY AROSE, AND (B) $100. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF ANY APIS PROVIDED BY CAPITAL CONFIRMATION SHALL BE FOR CAPITAL CONFIRMATION TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE NONPERFORMING APISCLAIM.

Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, INCLUDING WITHOUT LIMITATION USE OF ANY APIS, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE USER SHALL HAVE NO LIABILITY WITH RESPECT TO THE SERVICE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE WITH RESPECT TO THE ACCURACY OR RELIABILITY OF INFORMATION PROVIDED BY THE AUDITOR, WHETHER INPUTTED INTO THE CAPITAL CONFIRMATION WEBSITE OR ANY ASSOCIATED PLATFORMS BY US CAPITAL CONFIRMATION OR BY THE AUDITOR. THE AUDITOR MAINTAINS THE SOLE RESPONSIBILITY AND LIABILITY FOR REVIEWING AND APPROVING THE INFORMATION POPULATED INTO THE CAPITAL CONFIRMATION WEBSITE AND ASSOCIATED PLATFORMS. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER LESSOR OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRECEDING THE FIRST DATE ON WHICH SUCH LIABILITY AROSE, AND OR (B) $100. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF ANY APIS PROVIDED BY CAPITAL CONFIRMATION SHALL BE FOR CAPITAL CONFIRMATION TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE NONPERFORMING APIS.

Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, INCLUDING WITHOUT LIMITATION USE OF ANY APIS, SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE USER SHALL HAVE NO LIABILITY WITH RESPECT TO THE SERVICE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE WITH RESPECT TO THE ACCURACY OR RELIABILITY OF INFORMATION PROVIDED BY THE AUDITOR, WHETHER INPUTTED INTO THE CAPITAL CONFIRMATION WEBSITE OR ANY ASSOCIATED PLATFORMS BY US CAPITAL CONFIRMATION OR BY THE AUDITOR. THE AUDITOR MAINTAINS THE SOLE RESPONSIBILITY AND LIABILITY FOR REVIEWING AND APPROVING THE INFORMATION POPULATED INTO THE CAPITAL CONFIRMATION WEBSITE AND ASSOCIATED PLATFORMS. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRECEDING THE FIRST DATE ON WHICH SUCH LIABILITY AROSE, AND (B) $100. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF ANY APIS PROVIDED BY CAPITAL CONFIRMATION SHALL BE FOR CAPITAL CONFIRMATION TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE NONPERFORMING APIS.

Liability Limit. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT IN THE EVENT OF YOUR (A) INFRINGEMENT OF NETSCOUT'S INTELLECTUAL PROPERTY RIGHTS, OR (B) BREACH OF CONFIDENTIALITY, IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES WILL EITHER PARTY OR OUR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITEINDIRECT, OUR SERVICES, INCLUDING WITHOUT LIMITATION USE OF ANY APIS, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE USER SHALL HAVE NO LIABILITY WITH RESPECT TO THE SERVICE FOR CONSEQUENTIAL, EXEMPLARY, SPECIALPUNITIVE, INCIDENTAL, OR PUNITIVE DAMAGES CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESTHEREOF. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE WITH RESPECT TO WILL THE ACCURACY OR RELIABILITY OF INFORMATION PROVIDED BY THE AUDITOR, WHETHER INPUTTED INTO THE CAPITAL CONFIRMATION WEBSITE OR ANY ASSOCIATED PLATFORMS BY US CAPITAL CONFIRMATION OR BY THE AUDITOR. THE AUDITOR MAINTAINS THE SOLE RESPONSIBILITY AND LIABILITY FOR REVIEWING AND APPROVING THE INFORMATION POPULATED INTO THE CAPITAL CONFIRMATION WEBSITE AND ASSOCIATED PLATFORMS. OUR LIABILITY, AND THE CUMULATIVE LIABILITY OF OUR SUBSIDIARIESNETSCOUT EXCEED THE AMOUNTS PAID TO NETSCOUT FOR THE APPLICABLE PRODUCT, EMPLOYEESMAINTENANCE, AND SUPPLIERS, OR OTHER SERVICE THAT GAVE RISE TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRECEDING THE FIRST DATE ON WHICH SUCH LIABILITY AROSE, AND (B) $100CLAIM. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN YOUR SOLE AND EXCLUSIVE REMEDY FOR IN THE FOREGOING, IN THE CASE OF UNSUPPORTED PRODUCTS, NETSCOUT'S CUMULATIVE LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. THE FOREGOING LIMITS WILL APPLY NOTWITHSTANDING ANY FAILURE OR NONPERFORMANCE OF ESSENTIAL PURPOSE OF ANY APIS LIMITED REMEDY PROVIDED HEREIN. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT ARE CUMULATIVE AND ARE INTENDED AND ACKNOWLEDGED BY CAPITAL CONFIRMATION SHALL BE FOR CAPITAL CONFIRMATION END USER TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE NONPERFORMING APISBENEFIT NETSCOUT AND ITS THIRD PARTY SUPPLIERS. NetScout is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement.