Limitation of Consequential Damages. Subject to 14.2.3, in no event shall either party be liable under or in relation to this Agreement or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any: (a) loss of profits; (b) loss of sales; (c) loss of turnover; (d) loss of, or loss of use of, any (i) software or (ii) data;
Appears in 4 contracts
Samples: Smarsh Services Agreement General Terms, Smarsh Services Agreement, Smarsh Services Agreement
Limitation of Consequential Damages. Subject to 14.2.313.2.3, in no event shall either party be liable under or in relation to this Agreement or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any: (a) loss of profits; (b) loss of sales; (c) loss of turnover; (d) loss of, or loss of use of, any (i) software or (ii) data;
Appears in 3 contracts
Samples: Brandlive Services Agreement, Smarsh Services Agreement, Smarsh Services Agreement
Limitation of Consequential Damages. Subject to 14.2.311.2.3, in no event shall either party be liable under or in relation to this Agreement or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any: (a) loss of profits; (b) loss of sales; (c) loss of turnover; (d) loss of, or loss of use of, any (i) software or (ii) data;
Appears in 2 contracts
Samples: T Mobile Smarsh Services, Historical Data Access Agreement
Limitation of Consequential Damages. Subject to 14.2.312.4, in no event shall either party be liable under or in relation to this Agreement or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any: (a) loss of profits; (b) loss of sales; (c) loss of turnover; (d) loss of, or loss of use of, any (i) software or (ii) data;
Appears in 1 contract
Samples: Smarsh Services Agreement