Common use of Limitation of Damages and Remedies Clause in Contracts

Limitation of Damages and Remedies. IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE EVEN IF THE DAMAGES WERE FORESEEABLE OR A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. NOTWITHSTANDING ANYTHING IN THE LICENSE AGREEMENT TO THE CONTRARY, THE TOTAL LIABILITY OF DATASELF TO LICENSEE, INCLUDING BUT NOT LIMITED TO DAMAGES OR LIABILITY ARISING OUT OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, EQUITY, STATUTE, INFRINGIMENT OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE FEES PAID BY LICENSEE WITH RESPECT TO THE SOFTWARE. DATASELF SHALL NOT BE LIABLE FOR LOSS OR INACCURACY OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, SYSTEM DOWNTIME, GOODWILL, PROFITS OR OTHER BUSINESS LOSS, REGARDLESS OF LEGAL THEORY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THE LIMITATIONS OF THIS SECTION ARE ESSENTIAL AND THAT DATASELF WOULD NOT PERMIT LICENSEE TO USE THE SOFTWARE ABSENT THE TERMS OF THIS SECTION. THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THE LICENSEE AGREEMENT SHALL BE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Limitation of Damages and Remedies. IN NO EVENT SHALL EITHER PARTY XXXXXX BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH YOUR USE OF THE SOFTWARE, THIRD-PARTY USE OF THE SOFTWARE EVEN IF ENABLED BY YOU, OR YOUR OR THIRD-PARTY USE OF ANY DATA OR SOFTWARE ENABLED BY YOU VIA THE DAMAGES WERE FORESEEABLE OR A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGESSOFTWARE. NOTWITHSTANDING ANYTHING IN THE LICENSE AGREEMENT HEREIN TO THE CONTRARY, THE TOTAL LIABILITY OF DATASELF TO LICENSEEXXXXXX XXXXXXX OUT OF THIS XXXX, INCLUDING BUT NOT LIMITED TO DAMAGES OR LIABILITY ARISING OUT OF CONTRACT, TORT (INCLUDING NEGLIGENCE)TORT, BREACH OF WARRANTY, EQUITY, STATUTE, INFRINGIMENT INFRINGEMENT OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE FEES PAID BY LICENSEE YOU WITH RESPECT TO THE SOFTWARESOFTWARE OR ONE HUNDRED DOLLARS (US$100.00), WHICHEVER IS LESS. DATASELF XXXXXX SHALL NOT BE LIABLE FOR LOSS LOSS, INACCURACY, INCOMPLETENESS, OR INACCURACY RELEASE OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICESERVICES, SYSTEM DOWNTIME, GOODWILL, PROFITS OR OTHER BUSINESS LOSS, REGARDLESS OF LEGAL THEORY, EVEN IF THE PARTY XXXXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THE LIMITATIONS OF THIS SECTION ARE ESSENTIAL AND THAT DATASELF XXXXXX WOULD NOT PERMIT LICENSEE YOU TO USE THE SOFTWARE ABSENT THE TERMS OF THIS SECTION. THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THE LICENSEE AGREEMENT THIS XXXX SHALL BE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Limitation of Damages and Remedies. IN NO EVENT SHALL EITHER PARTY WILL SWIMLANE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY TO USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES OR CONSEQUENTIAL MULTIPLE DAMAGES IN CONNECTION WITH OR ARISING OUT OF: (I) THE SOFTWARE SOFTWARE, CONTENT OR OTHER DOCUMENTATION USED WITH THE SOFTWARE; (II) ANY THIRD PARTY PRODUCTS, SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR USED IN CONNECTION WITH THE SOFTWARE; OR (III) THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, FOR ANY BREACH BY A PARTY HEREOF), REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH CLAIM IS BASED (WHETHER CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE DAMAGES WERE FORESEEABLE OR A PARTY HAS BEEN USER IS ADVISED OF THE POSSIBILITY OF THOSE DAMAGESSUCH DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INJURY TO PERSON OR PROPERTY, LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, USE OR LOSS OF DATA, UNDETECTED OR DELAY IN THE DETECTION OF SECURITY BREACHES AND THREATS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SYSTEM DOWNTIME, AND THE CLAIMS OF THIRD PARTIES). NOTWITHSTANDING ANYTHING IN THE LICENSE AGREEMENT HEREIN TO THE CONTRARY, THE TOTAL LIABILITY OF DATASELF SWIMLANE TO LICENSEEUSER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LIABILITY ARISING OUT OF CONTRACT, TORT (INCLUDING NEGLIGENCE)TORT, BREACH OF WARRANTY, EQUITY, STATUTE, INFRINGIMENT INFRINGEMENT OR OTHERWISE, SHALL WILL NOT IN ANY EVENT EXCEED THE FEES PAID BY LICENSEE CUSTOMER TO SWIMLANE WITH RESPECT TO THE SOFTWARE. DATASELF SHALL NOT BE LIABLE FOR LOSS OR INACCURACY OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, SYSTEM DOWNTIME, GOODWILL, PROFITS OR OTHER BUSINESS LOSS, REGARDLESS OF LEGAL THEORY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESSOFTWARE . THE PARTIES AGREE THAT THE LIMITATIONS OF THIS SECTION ARE ESSENTIAL AND THAT DATASELF SWIMLANE WOULD NOT PERMIT LICENSEE USER TO USE THE SOFTWARE ABSENT THE TERMS OF THIS SECTION. THIS SECTION SHALL WILL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THE LICENSEE AGREEMENT SHALL THIS XXXX WILL BE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Limitation of Damages and Remedies. IN NO EVENT SHALL EITHER PARTY WILL COMPANY BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE EVEN IF THE DAMAGES WERE FORESEEABLE OR A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGESLICENSED SOFTWARE. NOTWITHSTANDING ANYTHING IN THE LICENSE AGREEMENT HEREIN TO THE CONTRARY, THE TOTAL LIABILITY OF DATASELF COMPANY TO LICENSEEEND USER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LIABILITY ARISING OUT OF CONTRACT, TORT (INCLUDING NEGLIGENCE)TORT, BREACH OF WARRANTY, EQUITY, STATUTE, INFRINGIMENT INFRINGEMENT OR OTHERWISE, SHALL WILL NOT IN ANY EVENT EXCEED THE FEES PAID BY LICENSEE END USER WITH RESPECT TO THE LICENSED SOFTWARE. DATASELF SHALL COMPANY WILL NOT BE LIABLE FOR LOSS OR INACCURACY OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICESERVICES, SYSTEM DOWNTIME, GOODWILL, PROFITS OR OTHER BUSINESS LOSS, REGARDLESS OF LEGAL THEORY, EVEN IF THE PARTY COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL BE SUBJECT TO THE SAME LIMITATIONS AND EXCEPTIONS AS SET FORTH IN THE LIMITATION OF LIABILITY PROVISION IN THE AGREEMENT BETWEEN CUSTOMER AND COMPANY. THE PARTIES AGREE THAT THE LIMITATIONS OF THIS SECTION ARE ESSENTIAL AND THAT DATASELF COMPANY WOULD NOT PERMIT LICENSEE END USER TO USE THE LICENSED SOFTWARE ABSENT THE TERMS OF THIS SECTION. THIS SECTION SHALL WILL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THE LICENSEE AGREEMENT SHALL THIS XXXX WILL BE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Limitation of Damages and Remedies. IN NO EVENT SHALL EITHER PARTY XXXXXX BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH YOUR USE OF THE SOFTWARE, THIRD-PARTY USE OF THE SOFTWARE EVEN IF ENABLED BY YOU, OR YOUR OR THIRD-PARTY USE OF ANY DATA OR SOFTWARE ENABLED BY YOU VIA THE DAMAGES WERE FORESEEABLE OR A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGESSOFTWARE. NOTWITHSTANDING ANYTHING IN THE LICENSE AGREEMENT HEREIN TO THE CONTRARY, THE TOTAL LIABILITY OF DATASELF TO LICENSEEXXXXXX ARISING OUT OF THIS XXXX, INCLUDING BUT NOT LIMITED TO DAMAGES OR LIABILITY ARISING OUT OF CONTRACT, TORT (INCLUDING NEGLIGENCE)TORT, BREACH OF WARRANTY, EQUITY, STATUTE, INFRINGIMENT INFRINGEMENT OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE FEES PAID BY LICENSEE YOU WITH RESPECT TO THE SOFTWARESOFTWARE OR ONE HUNDRED DOLLARS (US$100.00), WHICHEVER IS LESS. DATASELF XXXXXX SHALL NOT BE LIABLE FOR LOSS LOSS, INACCURACY, INCOMPLETENESS, OR INACCURACY RELEASE OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICESERVICES, SYSTEM DOWNTIME, GOODWILL, PROFITS OR OTHER BUSINESS LOSS, REGARDLESS OF LEGAL THEORY, EVEN IF THE PARTY XXXXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THE LIMITATIONS OF THIS SECTION ARE ESSENTIAL AND THAT DATASELF XXXXXX WOULD NOT PERMIT LICENSEE YOU TO USE THE SOFTWARE ABSENT THE TERMS OF THIS SECTION. THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THE LICENSEE AGREEMENT THIS XXXX SHALL BE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Limitation of Damages and Remedies. IN NO EVENT SHALL EITHER PARTY TABLEAU BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE EVEN IF THE DAMAGES WERE FORESEEABLE OR A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGESCLOUD SOFTWARE. NOTWITHSTANDING ANYTHING IN THE LICENSE AGREEMENT TO THE CONTRARY, THE TOTAL LIABILITY OF DATASELF TABLEAU TO LICENSEECLIENT, INCLUDING BUT NOT LIMITED TO DAMAGES OR LIABILITY ARISING OUT OF CONTRACT, TORT (INCLUDING NEGLIGENCE)TORT, BREACH OF WARRANTY, EQUITY, STATUTE, INFRINGIMENT INFRINGEMENT OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE FEES PAID BY LICENSEE CLIENT WITH RESPECT TO THE CLOUD SOFTWARE. DATASELF TABLEAU SHALL NOT BE LIABLE FOR LOSS OR INACCURACY OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICESERVICES, SYSTEM DOWNTIME, GOODWILL, PROFITS OR OTHER BUSINESS LOSS, REGARDLESS OF LEGAL THEORY, EVEN IF THE PARTY TABLEAU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THE LIMITATIONS OF THIS SECTION ARE ESSENTIAL AND THAT DATASELF TABLEAU WOULD NOT PERMIT LICENSEE CLIENT TO USE THE CLOUD SOFTWARE ABSENT THE TERMS OF THIS SECTION. THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THE LICENSEE AGREEMENT SHALL BE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.