Common use of Liability Limits Clause in Contracts

Liability Limits. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT IN THE EVENT OF YOUR (A) INFRINGEMENT OF LICENSOR'S INTELLECTUAL PROPERTY RIGHTS, OR (B) BREACH OF CONFIDENTIALITY, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR 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 ADVISED OF THE POSSIBILITY THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF LICENSOR EXCEED THE AMOUNTS PAID TO LICENSOR FOR THE APPLICABLE PRODUCT, MAINTENANCE, OR OTHER SERVICE THAT GAVE RISE TO SUCH CLAIM. THE FOREGOING LIMITS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT ARE CUMULATIVE AND ARE INTENDED AND YOU ACKNOWLEDGE THAT THEY ARE INTENDED TO BENEFIT LICENSOR AND ITS THIRD PARTY SUPPLIERS, IF ANY. Licensor is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting warranties obligations, and liability as provided in Sections 5, 6 and 7 of this Agreement.

Liability Limits. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT IN THE EVENT OF YOUR (A) INFRINGEMENT OF LICENSOR'S INTELLECTUAL PROPERTY RIGHTS, OR (B) BREACH OF CONFIDENTIALITY, IN NO EVENT WILL EITHER PARTY SHALL PAYMENT LABS BE LIABLE TO COMPANY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, INCIDENTALEXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, INCLUDING LOSS OF INCOME, DATA, PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, REVENUE OR BUSINESS INTERRUPTION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF OR OTHER ECONOMIC LOSS, WHETHER OR NOT PAYMENT LABS HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAWNOTWITHSTANDING ANY OTHER PROVISIONS OF THESE IDV TERMS, IN NO EVENT WILL SHALL PAYMENT LABS’ AGGREGATE LIABILITY TO COMPANY IN CONNECTION WITH THESE IDV TERMS OR COMPANY’S ACCESS TO AND USE OF THE CUMULATIVE LIABILITY OF LICENSOR IDV EXCEED THE AMOUNTS SUM OF ALL FEES PAID TO LICENSOR PAYMENT LABS BY COMPANY FOR THE APPLICABLE PRODUCT, MAINTENANCE, USE OF THE IDV IN THE SIX (6) MONTH PERIOD PRECEDING THE CLAIM OR OTHER SERVICE THAT GAVE ACTION GIVING RISE TO SUCH CLAIMTHE LIABILITY. THE FOREGOING LIMITS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THE LIMITATIONS OF LIABILITY SET FORTH CONTAINED IN THIS AGREEMENT THESE IDV TERMS ARE CUMULATIVE IN ADDITION TO, AND ARE INTENDED AND YOU ACKNOWLEDGE THAT THEY ARE INTENDED TO BENEFIT LICENSOR AND ITS THIRD PARTY SUPPLIERSNOT IN LIEU OF, IF ANY. Licensor is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting warranties obligations, and liability as provided in Sections 5, 6 and 7 of this AgreementANY LIMITS OUTLINED IN THE SERVICE AGREEMENT.

Liability Limits. 1. TO THE MAXIMUM FULLEST EXTENT PERMITTED ALLOWED BY APPLICABLE LAW, EXCEPT IN THE EVENT OF YOUR UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CHAT2AI (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) INFRINGEMENT ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF LICENSOR'S INTELLECTUAL PROPERTY RIGHTSANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) BREACH OF CONFIDENTIALITYANY AMOUNT, IN NO EVENT WILL EITHER PARTY THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO CHAT2AI IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. 2. We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profits. 3. EXCEPT AS STATED IN SECTION 7.1, CHAT2AI AND ITS AFFILIATES, OFFICERS, LICENSORS, AND/OR CONTRACTORS SHALL NOT BE LIABLE FOR SPECIAL, ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR 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 ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. TO THE MAXIMUM EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, OUR LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW, LAW IN NO EVENT WILL THE CUMULATIVE LIABILITY OF LICENSOR EXCEED THE AMOUNTS PAID TO LICENSOR FOR THE APPLICABLE PRODUCT, MAINTENANCE, OR OTHER SERVICE THAT GAVE RISE TO SUCH CLAIM. THE FOREGOING LIMITS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT ARE CUMULATIVE AND ARE INTENDED AND YOU ACKNOWLEDGE THAT THEY ARE INTENDED TO BENEFIT LICENSOR AND ITS THIRD PARTY SUPPLIERS, IF ANY. Licensor is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting warranties obligations, and liability as provided in Sections 5, 6 and 7 of this AgreementSTATE.