Common use of Limitation of Liability and Damages Clause in Contracts

Limitation of Liability and Damages. NEITHER ALTRUIST NOR ITS SUBSIDIARIES AND AFFILIATES, AND THEIR VENDORS/LICENSORS, AND INFORMATION PROVIDERS SHALL HAVE ANY LIABILITY TO ADVISOR OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, INCLUDING USE OF THE PLATFORM, THE SERVICES OR THE SOFTWARE. THE TOTAL LIABILITY OF THE FOREGOING ENTITIES TO ADVISOR OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR USE OF THE PLATFORM, THE SERVICES OR THE SOFTWARE IN CONNECTION WITH ANY CLAIM OR TYPE (WHETHER ARISING IN CONTRACT OR TORT) OF DAMAGE SHALL NOT EXCEED THE GREATER OF $10,000 OR THE TOTAL FEES PAYABLE HEREUNDER BY ADVISOR’S CLIENTS DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEPT FOR DAMAGES ARISING FROM A PARTY’S FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (A) NEITHER ALTRUIST PARTY, NOR ITS SUBSIDIARIES AND AFFILIATES, AND THEIR VENDORS/LICENSORSCONTRACTORS, AND INFORMATION PROVIDERS SUPPLIERS OR AGENTS, SHALL HAVE ANY LIABILITY TO ADVISOR OR HEREUNDER FOR, AND DAMAGES SHALL NOT INCLUDE, ANY OTHER INDIVIDUAL OR ENTITY FOR ANY LOSS OF PROFITSPUNITIVE, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL OR SPECIAL INDIRECT DAMAGES, OR DAMAGES CALCULATED BASED UPON LOST PROFITS, LOSS IN VALUE OR DAMAGEMULTIPLE OF EARNINGS, INCLUDING EXEMPLARY AND PUNITIVEANY CLAIM OR CAUSE OF ACTION REQUESTING OR CLAIMING SUCH DAMAGES IS SPECIFICALLY WAIVED AND BARRED, OF ANY KIND WHETHER OR NATURE RESULTING FROM NOT SUCH DAMAGES WERE FORESEEABLE OR ARISING OUT OF THIS AGREEMENT, INCLUDING USE A PARTY WAS NOTIFIED IN ADVANCE OF THE PLATFORM, POSSIBILITY OF SUCH DAMAGES; AND (B) THE SERVICES OR THE SOFTWARE. THE TOTAL AGGREGATE LIABILITY OF THE FOREGOING ENTITIES TO ADVISOR OR ANY THIRD PARTY ARISING OUT OF HD, ITS AFFILIATES, CONTRACTORS, SUPPLIERS AND AGENTS IN CONNECTION WITH THIS AGREEMENT OR USE OF THE PLATFORM, THE SERVICES OR THE SOFTWARE IN CONNECTION WITH ANY CLAIM OR TYPE (WHETHER ARISING IN CONTRACT OR TORT) OF DAMAGE SHALL NOT EXCEED THE GREATER OF TWO MILLION DOLLARS ($10,000 OR THE TOTAL FEES PAYABLE HEREUNDER BY ADVISOR’S CLIENTS DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE2,000,000).

Limitation of Liability and Damages. EXCEPT IN THE CASE OF LIABILITY ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR PURSUANT TO CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER ALTRUIST NOR ITS SUBSIDIARIES AND AFFILIATES, AND THEIR VENDORS/LICENSORS, AND INFORMATION PROVIDERS SHALL PARTY WILL HAVE ANY LIABILITY TO ADVISOR OR ANY THE OTHER INDIVIDUAL OR ENTITY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVEPUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, INCLUDING USE OF THE PLATFORM, THE SERVICES OR THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, OR ANY SERVICES RENDERED UNDER THIS AGREEMENT. THE TOTAL LIABILITY OF THE FOREGOING ENTITIES VUEWORKS TO ADVISOR CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR USE OF THE PLATFORMAGREEMENT, THE SOFTWARE, HOSTED SOFTWRE, TECHNICAL SUPPORT, MAINTENANCE, DATA MAINTENANCE, AND ANY SERVICES RENDERED UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS OR THE SOFTWARE IN CONNECTION WITH ANY CLAIM OR TYPE (WHETHER ARISING IN CONTRACT OR TORT) TYPES OF DAMAGE SHALL DAMAGES WILL NOT EXCEED THE GREATER OF $10,000 OR THE TOTAL FEES PAYABLE PAID HEREUNDER BY ADVISOR’S CLIENTS CUSTOMER DURING THE THREE (3) 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER ALTRUIST NOR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF CPTS, ITS SUBSIDIARIES AFFILIATES AND AFFILIATESSUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES PROVIDED HEREUNDER DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, CPTS, ITS AFFILIATES AND THEIR VENDORS/LICENSORS, AND INFORMATION PROVIDERS SHALL HAVE ANY LIABILITY TO ADVISOR OR ANY OTHER INDIVIDUAL OR ENTITY SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS, SALES, BUSINESS, DATAREVENUE, PROFITS OR OTHER INCIDENTALINVESTMENT, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, INCLUDING USE OF THE PLATFORM, THE SERVICES OR THE SOFTWARE. THE TOTAL LIABILITY OF THE FOREGOING ENTITIES TO ADVISOR OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET CPTS SYSTEMS REQUIREMENTS. THE PLATFORM, THE SERVICES OR THE SOFTWARE IN CONNECTION WITH ANY CLAIM OR TYPE (WHETHER ARISING IN CONTRACT OR TORT) OF DAMAGE SHALL NOT EXCEED THE GREATER OF $10,000 OR THE TOTAL FEES PAYABLE HEREUNDER BY ADVISOR’S CLIENTS DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION OF LIABILITY SHALL ABOVE LIMITATIONS APPLY EVEN IF CPTS AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE EXPRESS WARRANTIES SET POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH ABOVE FAIL THE ENTIRE LIABILITY OF THEIR ESSENTIAL PURPOSECPTS, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

Limitation of Liability and Damages. NEITHER ALTRUIST TB NOR ITS SUBSIDIARIES VENDORS AND AFFILIATES, AND THEIR VENDORS/LICENSORS, AND INFORMATION PROVIDERS SHALL LICENSORS WILL HAVE ANY LIABILITY TO ADVISOR CUSTOMER OR ANY OTHER INDIVIDUAL OR ENTITY THIRD PARTY FOR ANY LOSS OF PROFITS, SALES, TRADING LOSSES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, INCLUDING USE OF THE PLATFORM, THE SERVICES OR INABILITY TO USE THE SOFTWARE. THE TOTAL LIABILITY OF THE FOREGOING ENTITIES TB AND ITS VENDORS AND LICENSORS TO ADVISOR CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR USE OF THE PLATFORM, THE SERVICES OR THE SOFTWARE IN CONNECTION WITH ANY CLAIM OR TYPE OF DAMAGE (WHETHER ARISING IN CONTRACT OR TORT, INCLUDING NEGLIGENCE) OF DAMAGE SHALL WILL NOT EXCEED THE GREATER OF $10,000 OR THE TOTAL FEES PAYABLE PAID HEREUNDER BY ADVISOR’S CLIENTS CUSTOMER DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION OF LIABILITY SHALL WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER ALTRUIST NOR ITS SUBSIDIARIES AND AFFILIATESUNDER NO CIRCUMSTANCES WILL SUPPLIER OR ANYONE ELSE INVOLVED IN ADMINISTERING, AND THEIR VENDORS/LICENSORSDISTRIBUTING OR PROVIDING THE SERVICES, AND INFORMATION PROVIDERS SHALL HAVE ANY LIABILITY TO ADVISOR OR ANY OTHER INDIVIDUAL OR ENTITY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR LOST PROFITS, SALESOR DAMAGES THAT RESULT FROM MISTAKES, BUSINESSOMISSIONS, DATAINTERRUPTIONS, DELETION OF FILES OR OTHER INCIDENTALEMAIL, CONSEQUENTIALERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR SPECIAL LOSS TRANSMISSION, FAILURE OF PERFORMANCE, THEFT, DESTRUCTION OR DAMAGEUNAUTHORIZED ACCESS TO SUPPLIER’S RECORDS, INCLUDING EXEMPLARY AND PUNITIVEPROGRAMS OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF ANY KIND OR NATURE RESULTING FROM OR THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SUPPLIER’S TOTAL LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING USE OF THE PLATFORM, THE AGREEMENT AND/OR ANY SERVICES OR THE SOFTWARE. PROVIDED HEREUNDER WILL EXCEED THE TOTAL LIABILITY OF AMOUNT RECEIVED BY SUPPLIER DURING THE FOREGOING ENTITIES TO ADVISOR OR ANY THIRD PARTY ARISING OUT PRIOR 6 MONTHS OF THIS AGREEMENT OR USE OF FOR THE PLATFORM, THE SERVICES OR THE SOFTWARE IN CONNECTION WITH ANY CLAIM OR TYPE (WHETHER ARISING IN CONTRACT OR TORT) OF DAMAGE SHALL NOT EXCEED THE GREATER OF $10,000 OR THE TOTAL FEES PAYABLE HEREUNDER BY ADVISOR’S CLIENTS DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT SPECIFIC SERVICE GIVING RISE TO THE LIABILITY. THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSESUCH CLAIM(S).

Limitation of Liability and Damages. 第14条 損害賠償責任の制限 NEITHER ALTRUIST TBHD NOR ITS SUBSIDIARIES VENDORS AND AFFILIATES, AND THEIR VENDORS/LICENSORS, AND INFORMATION PROVIDERS SHALL LICENSORS WILL HAVE ANY LIABILITY TO ADVISOR CUSTOMER OR ANY OTHER INDIVIDUAL OR ENTITY THIRD PARTY FOR ANY LOSS OF PROFITS, SALES, TRADING LOSSES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, INCLUDING USE OF THE PLATFORM, THE SERVICES OR INABILITY TO USE THE SOFTWARE. THE TOTAL LIABILITY OF THE FOREGOING ENTITIES TBHD AND ITS VENDORS AND LICENSORS TO ADVISOR CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR USE OF THE PLATFORM, THE SERVICES OR THE SOFTWARE IN CONNECTION WITH ANY CLAIM OR TYPE OF DAMAGE (WHETHER ARISING IN CONTRACT OR TORT, INCLUDING NEGLIGENCE) OF DAMAGE SHALL WILL NOT EXCEED THE GREATER OF $10,000 OR THE TOTAL FEES PAYABLE PAID HEREUNDER BY ADVISOR’S CLIENTS CUSTOMER DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION OF LIABILITY SHALL WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER ALTRUIST TBH NOR ITS SUBSIDIARIES VENDORS AND AFFILIATES, AND THEIR VENDORS/LICENSORS, AND INFORMATION PROVIDERS SHALL LICENSORS WILL HAVE ANY LIABILITY TO ADVISOR CUSTOMER OR USER OR ANY OTHER INDIVIDUAL OR ENTITY THIRD PARTY FOR ANY LOSS OF PROFITS, SALES, TRADING LOSSES, BUSINESS, DATA, OR OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, INCLUDING USE OF OR INABILITY TO USE THE PLATFORMSERVICES, EVEN IF TBH HAS BEEN ADVISED OF THE SERVICES OR THE SOFTWAREPOSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF THE FOREGOING ENTITIES TBH AND ITS VENDORS AND LICENSORS TO ADVISOR CUSTOMER OR USER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR USE OF THE PLATFORM, THE SERVICES OR THE SOFTWARE IN CONNECTION WITH ANY CLAIM OR TYPE OF DAMAGE (WHETHER ARISING IN CONTRACT OR TORT, INCLUDING NEGLIGENCE) OF DAMAGE SHALL WILL NOT EXCEED THE GREATER OF $10,000 OR THE TOTAL FEES PAYABLE PAID HEREUNDER BY ADVISOR’S CLIENTS CUSTOMER DURING THE THREE TWELVE (312) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION OF LIABILITY SHALL WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.

Limitation of Liability and Damages. NEITHER ALTRUIST NOR ITS SUBSIDIARIES AND AFFILIATES, AND THEIR VENDORS/LICENSORS, AND INFORMATION PROVIDERS SHALL HAVE ANY LIABILITY TO ADVISOR OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, INCLUDING USE OF THE PLATFORM, THE SERVICES OR THE SOFTWARE. THE TOTAL LIABILITY OF THE FOREGOING ENTITIES TO ADVISOR OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR USE OF THE PLATFORM, THE SERVICES OR THE SOFTWARE IN CONNECTION WITH ANY CLAIM OR TYPE (WHETHER ARISING IN CONTRACT OR TORT) OF DAMAGE SHALL NOT EXCEED THE GREATER OF $10,000 OR THE TOTAL FEES PAYABLE HEREUNDER BY ADVISOR’S CLIENTS DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.THREE