Common use of LIMITATION OF LIABILITY AND REMEDIES Clause in Contracts

LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION ALL INDERECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OR MULTIPLE DAMAGES SUCH AS BUT NOT LIMITED TO, LOST BUSINESS OR PROFITS, LOSS OF GOODWILL, WORK STOPPAGE AND DATALOSS), THE ENTIRE LIABILITY OF EYE4SOFTWARE AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS LICENSE AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY EYE4SOFTWARE WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. EYE4SOFTWARE IS RELIEVED OF ANY OBLIGATION TO PAY DAMAGES IF THE CUSTOMER HAS NOT UPGRADED THE SOFWARE WHEN POSSIBLE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 4, 5 AND 6 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU CUSTOMER MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION LIMITATION, ALL INDERECT, SPECIAL, INCIDENTIAL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR CONSEQUENTIAL DAMAGES OR MULTIPLE DAMAGES SUCH AS BUT NOT LIMITED TO, LOST BUSINESS OR PROFITS, LOSS OF GOODWILL, WORK STOPPAGE AND DATALOSSGENERAL DAMAGES), THE ENTIRE LIABILITY OF EYE4SOFTWARE SIMPLIFIED SOFTWARE DEVELOPMENT, L.L.C. AND ANY OF ITS SUPPLIERS AND SUBCONTRACTORS UNDER ANY PROVISION OF THIS LICENSE AGREEMENT XXXX AND YOUR CUSTOMER’S EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY EYE4SOFTWARE SIMPLIFIED SOFTWARE DEVELOPMENT, L.L.C. WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU CUSTOMER FOR THE SOFTWARE SUBSCRIPTION PRODUCT SERVICES OR U.S.$5.00. EYE4SOFTWARE IS RELIEVED OF ANY OBLIGATION TO PAY DAMAGES IF THE CUSTOMER HAS NOT UPGRADED THE SOFWARE WHEN POSSIBLEU.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 4BUT NOT LIMITED TO XXXXXXXX 0, 5 AND 6 ABOVE0, XXX 0 XXXXX) SHALL XXXXX APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION ALL INDERECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OR MULTIPLE DAMAGES SUCH AS BUT NOT LIMITED TO, LOST BUSINESS OR PROFITS, LOSS OF GOODWILL, WORK STOPPAGE AND DATALOSS), THE ENTIRE LIABILITY OF EYE4SOFTWARE AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS LICENSE AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY EYE4SOFTWARE WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. EYE4SOFTWARE IS RELIEVED OF ANY OBLIGATION TO PAY DAMAGES IF THE CUSTOMER HAS NOT UPGRADED THE SOFWARE WHEN POSSIBLE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 4, 5 AND 6 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOLAREDGE WILL BE LIABLE TO BUYER ONLY FOR DIRECT DAMAGES ACTUALLY INCURRED BY BUYER AND ONLY UP TO A MAXIMUM AMOUNT EQUAL TO THE PURCHASE PRICE FOR THE PRODUCTS THAT CAUSED SUCH DAMAGES, AND BUYER HEREBY RELEASES SOLAREDGE AND ITS AFFILIATES FROM ALL OTHER CLAIMS AND LIABILITIES INCLUDING, WITHOUT LIMITATION, (A) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER COMMERCIAL OR ECONOMIC LOSSES OF ANY KIND, EVEN IF SOLAREDGE HAS BEEN ADVISED, OR HAD REASON TO KNOW, OF THE POSSIBILITY OF SUCH DAMAGE, (B) ANY REMEDY FAILS LIABILITY ARISING IN TORT OR OTHERWISE, WHETHER OR NOT ARISING OUT OF SOLAREDGE’S NEGLIGENCE, AND ALL LOSSES OR DAMAGES TO ANY PROPERTY OR FOR ANY PERSONAL INJURY OR ECONOMIC LOSS OR DAMAGE CAUSED RESULTING FROM THE HANDLING, STORAGE, TRANSPORTATION, RESALE, OR USE OF ITS ESSENTIAL PURPOSEPRODUCTS IN MANUFACTURING PROCESSES, OR IN COMBINATION WITH OTHER SUBSTANCES, OR OTHERWISE AND (C) ANY DAMAGE OR INJURY ARISING FROM, OR AS A RESULT OF, MISUSE, ABUSE OR INCORRECT INSTALLATION, INTEGRATION OR OPERATION OF THE PRODUCTS BY PERSONS NOT AUTHORIZED BY SOLAREDGE.

LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION LIMITATION, ALL INDERECTDAMAGES REFERENCED ABOVE AND ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE XXXXXX MATERIALS OR SOFTWARE, SPECIALUSER DOCUMENTATION, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OR MULTIPLE DAMAGES SUCH AS BUT NOT LIMITED TO, LOST BUSINESS OR PROFITS, LOSS OF GOODWILL, WORK STOPPAGE AND DATALOSSTHIS AGREEMENT), THE ENTIRE LIABILITY OF EYE4SOFTWARE XXXXXX AND ANY OF ITS SUPPLIERS LICENSORS UNDER ANY PROVISION OF THIS LICENSE AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY EYE4SOFTWARE WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. EYE4SOFTWARE IS RELIEVED OF ANY OBLIGATION TO PAY DAMAGES IF THE CUSTOMER HAS NOT UPGRADED THE SOFWARE WHEN POSSIBLESOFTWARE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 4, 5 AND 6 ABOVE) LIMITATION OF LIABILITY IN THIS SECTION 9 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW TO ANY DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EVEN IF ANY REMEDY FAILS ITS XXXXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.

LIMITATION OF LIABILITY AND REMEDIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANY DAMAGES THAT YOU RESELLER MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION LIMITATION, ALL INDERECT, SPECIAL, INCIDENTIAL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR CONSEQUENTIAL GENERAL DAMAGES IN CONTRACT OR MULTIPLE DAMAGES SUCH AS BUT NOT LIMITED TO, LOST BUSINESS OR PROFITS, LOSS OF GOODWILL, WORK STOPPAGE AND DATALOSSANYTHING ELSE), THE ENTIRE LIABILITY OF EYE4SOFTWARE MANUFACTURER AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS LICENSE AGREEMENT AND YOUR RESELLER’S EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY EYE4SOFTWARE WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) HEREUNDER SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES RESELLER INCURS IN REASONABLE RELIANCE ON THE SOFTWARE PACKAGE UP TO THE AMOUNT ACTUALLY PAID BY YOU RESELLER FOR THE SOFTWARE OR U.S.$5.00. EYE4SOFTWARE IS RELIEVED OF ANY OBLIGATION TO PAY DAMAGES IF THE CUSTOMER HAS NOT UPGRADED THE SOFWARE WHEN POSSIBLEUS$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 4, 5 AND 6 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. RESELLER SHALL INDEMNIFY AND HOLD HARMLESS MANUFACTURER FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, LOSSES, COSTS AND EXPENSES THAT MAY BE ASSERTED AGAINST OR PAID, SUFFERED OR INCURRED BY MANUFACTURER THAT ARISE OUT OF OR RESULT FROM RESELLER’S NON-COMPLIANCE WITH THE TERMS OF THIS LICENSE, INCLUDING ANY CLAIMS MADE AGAINST MANUFACTURER BY OTHERS.

LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION ALL INDERECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OR MULTIPLE DAMAGES SUCH AS BUT NOT LIMITED TO, LOST BUSINESS OR PROFITS, LOSS OF GOODWILL, WORK STOPPAGE AND DATALOSS), THE ENTIRE LIABILITY OF EYE4SOFTWARE ACTIVEXPERTS AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS LICENSE AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY EYE4SOFTWARE ACTIVEXPERTS WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. EYE4SOFTWARE ACTIVEXPERTS IS RELIEVED OF ANY OBLIGATION TO PAY DAMAGES IF THE CUSTOMER HAS NOT UPGRADED THE SOFWARE WHEN POSSIBLE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 4, 5 AND 6 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION ALL INDERECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OR MULTIPLE DAMAGES SUCH AS BUT NOT LIMITED TO, LOST BUSINESS OR PROFITS, LOSS OF GOODWILL, WORK STOPPAGE AND DATALOSS), THE ENTIRE LIABILITY OF EYE4SOFTWARE ACTIVEXPERTS AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS LICENSE AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY EYE4SOFTWARE ACTIVEXPERTS WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. EYE4SOFTWARE ACTIVEXPERTS IS RELIEVED OF ANY OBLIGATION TO PAY DAMAGES IF THE CUSTOMER HAS NOT UPGRADED THE SOFWARE WHEN POSSIBLE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 4, 5 AND 6 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY NY APPLICABLE LAW, EVEN IF ANY A REMEDY FAILS ITS ESSENTIAL PURPOSE.

LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING 8.1 IF DATA IS PROCESSED IN ERROR DUE TO AN ERROR OR DEFECT IN ANY SERVICE PROVIDED BY PMSI, THEN UPON PMSI RECEIVING NOTICE OF SUCH ERROR OR DEFECT, PMSI SHALL REPROCESS SUCH DATA WITHOUT CHARGE TO CUSTOMER. 8.2 EXCEPT FOR VIOLATIONS OF THE CONFIDENTIALITY OBLIGATIONS SET FORTH IN SECTION 6 OF THIS AGREEMENT, PMSI'S TOTAL AGGREGATE LIABILITY FOR DAMAGES ARISING FROM BREACHES OF THIS AGREEMENT AND ERRORS, OMISSIONS AND DEFECTS IN THE ANY SERVICES (WHETHER IN TORT OR CONTRACT, LAW OR EQUITY) SHALL BE LIMITED TO AN AMOUNT NOT TO CUMULATIVELY EXCEED $300,000.00. 8.3 THE PARTIES AGREE THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDINGTHIS IS A SERVICES AGREEMENT, WITHOUT LIMITATION ALL INDERECTAND THAT EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, SPECIALTHERE ARE NO OTHER RIGHTS, INCIDENTIAL REMEDIES, OR CONSEQUENTIAL DAMAGES OR MULTIPLE DAMAGES SUCH AS WARRANTIES INCLUDING BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED. 8.4 EXCEPT FOR VIOLATIONS OF THE CONFIDENTIALITY OBLIGATIONS SET FORTH IN SECTION 6 OF THIS AGREEMENT, NEITHER PMSI NOR CUSTOMER SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST BUSINESS OR PROFITS, PAYMENTS TO THIRD PARTIES, COST OF COVER OR OTHER ECONOMIC LOSS ARISING OUT OF GOODWILL, WORK STOPPAGE AND DATALOSSTHIS AGREEMENT OR ANY SERVICES WHETHER SUCH LIABILITY ARISES IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), LAW OR EQUITY, OR OTHERWISE. 8.5 PMSI SHALL NOT BE LIABLE OR DEEMED TO BE IN DEFAULT FOR ANY DELAY OR FAILURE IN PERFORMANCE UNDER THIS AGREEMENT OR INTERRUPTION OF SERVICE RESULTING, DIRECTLY OR INDIRECTLY, FROM ACTS OF GOD, CIVIL OR MILITARY AUTHORITY, LABOR DISPUTES, SHORTAGES OF SUITABLE PARTS, MATERIALS, LABOR OR TRANSPORTATION, OR ANY SIMILAR EVENT BEYOND THE ENTIRE LIABILITY REASONABLE CONTROL OF EYE4SOFTWARE PMSI. 8.6 CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD PMSI HARMLESS FROM ANY LIABILITY, LOSS, COST, CLAIM OR DAMAGE SUFFERED BY PMSI RELATIVE TO PERSONAL INJURY OR PROPERTY DAMAGE (INCLUDING LEGAL EXPENSES AND ATTORNEY'S FEES), CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF CUSTOMER AND/OR ITS SUPPLIERS UNDER DIRECTORS OR EMPLOYEES, AND CUSTOMER'S CLAIM ADMINISTRATION, PAYMENT, AND RECOVERY PROCESS, EXCEPT TO THE EXTENT OF PMSI'S INVOLVEMENT IN CUSTOMER'S CLAIM ADMINISTRATION, PAYMENT AND RECOVERY PROCESSES. 8.7 SUBJECT TO ARTICLES 8.1, 8.2, 8.3, 8.4, AND 8.5 HEREIN PMSI AGREES TO INDEMNIFY, DEFEND, AND HOLD CUSTOMER HARMLESS FROM ANY PROVISION LIABILITY, LOSS, COST, CLAIM OR DAMAGE SUFFERED BY CUSTOMER (INCLUDING LEGAL EXPENSES AND ATTORNEY'S FEES), CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF THIS LICENSE AGREEMENT PMSI AND/OR ITS DIRECTORS OR EMPLOYEES. 8.8 IF A THIRD PARTY CLAIMS THAT ANY SOFTWARE SUPPLIED BY PMSI, IF ANY, INFRINGES ON A TRADEMARK, SERVICE XXXX, COPYRIGHT OR PATENT, PMSI WILL INDEMNIFY AND YOUR EXCLUSIVE REMEDY FOR ALL DEFEND CUSTOMER AND HOLD CUSTOMER HARMLESS AGAINST THAT CLAIM, PROVIDED CUSTOMER HAS LAWFUL POSESSION OF THE FOREGOING (EXCEPT FOR ANY REMEDY SOFTWARE, HAS NOT DIRECTLY OR INDIRECTLY CAUSED SUCH CLAIM TO ARISE, AND NOTIFIES PMSI IN WRITING AS SOON AS REASONABLY POSSIBLE AFTER CUSTOMER BECOMES AWARE OF REPAIR SUCH CLAIM OR REPLACEMENT ELECTED BY EYE4SOFTWARE WITH RESPECT TO ANY BREACH ALLEGATION OF TRADEMARK, SERVICE XXXX, COPYRIGHT OR PATENT INFRINGEMENT. PMSI WILL CONTROL THE DEFENSE OF THE LIMITED WARRANTY) SHALL BE LIMITED TO INFRINGEMENT CLAIM; HOWEVER, PMSI AGREES THAT THE GREATER DEFENSE OF THE AMOUNT ACTUALLY PAID BY YOU FOR INFRINGEMENT SUIT OR CLAIM WILL ALSO PROTECT THE SOFTWARE INTERESTS OF CUSTOMER. ANY SETTLEMENT OF THE INFRINGEMENT SUIT OR U.S.$5.00. EYE4SOFTWARE IS RELIEVED OF ANY OBLIGATION TO PAY DAMAGES IF THE CUSTOMER HAS NOT UPGRADED THE SOFWARE WHEN POSSIBLE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 4, 5 AND 6 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN CLAIM WILL INCLUDE CUSTOMER. 8.9 IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSEDISPUTE ARISES RELATED TO THIS AGREEMENT OR ANY TRANSACTION GOVERNED BY IT, SENIOR EXECUTIVES OF BOTH PARTIES, WITH AUTHORITY TO SETTLE THE DISPUTE WILL MEET TO ATTEMPT TO RESOLVE THE DISPUTE BEFORE RESORTING TO FORMAL LEGAL ACTION. THIS MEETING WILL BE HELD REASONABLY PROMPTLY AT THE REQUEST OF EITHER PARTY IN THE OFFICES OF THE NONREQUESTING PARTY. 8.10 CUSTOMER AND PMSI AGREE THAT THIS ARTICLE SHALL SURVIVE THE TERMINATION OF THE AGREEMENT.

LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION ALL INDERECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OR MULTIPLE DAMAGES SUCH AS BUT NOT LIMITED TO, LOST BUSINESS OR PROFITS, LOSS OF GOODWILL, WORK STOPPAGE AND DATALOSS), THE ENTIRE LIABILITY OF EYE4SOFTWARE ACTIVEXPERTS AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS THE LICENSE AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY EYE4SOFTWARE ACTIVEXPERTS WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. EYE4SOFTWARE ACTIVEXPERTS IS RELIEVED OF ANY OBLIGATION TO PAY DAMAGES IF THE CUSTOMER HAS NOT UPGRADED THE SOFWARE WHEN POSSIBLE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 4, 5 AND 6 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION LIMITATION, ALL INDERECT, SPECIAL, INCIDENTIAL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR CONSEQUENTIAL GENERAL DAMAGES IN CONTRACT OR MULTIPLE DAMAGES SUCH AS BUT NOT LIMITED TO, LOST BUSINESS OR PROFITS, LOSS OF GOODWILL, WORK STOPPAGE AND DATALOSSANYTHING ELSE), THE ENTIRE LIABILITY OF EYE4SOFTWARE MANUFACTURER AND ANY OF ITS SUPPLIERS (INCLUDING MS, MICROSOFT CORPORATION (INCLUDING THEIR SUBSIDIARIES) AND THEIR RESPECTIVE SUPPLIERS) UNDER ANY PROVISION OF THIS LICENSE AGREEMENT XXXX AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY EYE4SOFTWARE MANUFACTURER WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. EYE4SOFTWARE IS RELIEVED OF ANY OBLIGATION TO PAY DAMAGES IF THE CUSTOMER HAS NOT UPGRADED THE SOFWARE WHEN POSSIBLEUS$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 418, 5 19, AND 6 ABOVE20) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR UNDER NO CIRCUMSTANCES SHALL DOMAIN COMPUTER SERVICES, INC. BE LIABLE FOR ANY REASON WHATSOEVER (SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION ALL INDERECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OR MULTIPLE DAMAGES SUCH AS BUT NOT LIMITED TO, LOST BUSINESS OR LOSS OF ANTICIPATED PROFITS, LOSS OF GOODWILL, WORK STOPPAGE AND DATALOSS)USE, THE ENTIRE LIABILITY OF EYE4SOFTWARE AND OR LOSS RESULTING FROM BUSINESS DISRUPTION DUE TO ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS LICENSE AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL REASON, EVEN IF DOMAIN COMPUTER SERVICES, INC. HAS BEEN ADVISED OF THE FOREGOING (EXCEPT FOR ANY REMEDY POSSIBILITY OF REPAIR SUCH DAMAGES. RISK OF DATA LOSS, BUSINESS INTERRUPTION OR REPLACEMENT ELECTED BY EYE4SOFTWARE LOSS REMAINS WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE CUSTOMER. DAMAGES DUE ARE LIMITED TO THE GREATER AMOUNT PAID FOR THAT SERVICE DURING THE SIX (6) MONTH PERIOD BEFORE THE RELEVANT CLAIM OR FIVE- HUNDRED US DOLLARS ($500), WHICHEVER IS LOWER. IF YOUR ACCOUNT IS PAST DUE OR IN ANY WAY IN VIOLATION OF OUR POLICIES OR RECOMMENDATIONS YOU AGREE THAT THERE IS NO LIABILITY OF DOMAIN TO YOU. YOU SPECIFICALLY AGREE THAT THIS DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE AMOUNT ACTUALLY PAID BY BASIS OF THE BARGAIN BETWEEN YOU AND DOMAIN. THE STATED WARRANTIES AND THE COMMITMENTS SET FORTH HEREIN ARE IN LIEU OF ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF DOMAIN COMPUTER SERVICES, INC. FOR DAMAGES OR OTHER RELIEF, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT IN ANY WAY ARISE OUT OF OR IN CONNECTION WITH THE SOFTWARE USE AND/OR U.S.$5.00. EYE4SOFTWARE IS RELIEVED THE PERFORMANCE OF ANY OBLIGATION TO PAY DAMAGES IF THE CUSTOMER HAS NOT UPGRADED THE SOFWARE WHEN POSSIBLE. THE FOREGOING LIMITATIONSSOFTWARE, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 4, 5 AND 6 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSEHARDWARE OR SERVICE.

LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION LIMITATION, ALL INDERECT, SPECIAL, INCIDENTIAL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR CONSEQUENTIAL GENERAL DAMAGES IN CONTRACT OR MULTIPLE DAMAGES SUCH AS BUT NOT LIMITED TO, LOST BUSINESS OR PROFITS, LOSS OF GOODWILL, WORK STOPPAGE AND DATALOSSANYTHING ELSE), THE ENTIRE LIABILITY OF EYE4SOFTWARE MANUFACTURER AND ANY OF ITS SUPPLIERS (INCLUDING MS, MICROSOFT CORPORATION (INCLUDING ITS SUBSIDIARIES) AND THEIR RESPECTIVE SUPPLIERS) UNDER ANY PROVISION OF THIS LICENSE AGREEMENT XXXX AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY EYE4SOFTWARE MANUFACTURER WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. EYE4SOFTWARE IS RELIEVED OF ANY OBLIGATION TO PAY DAMAGES IF THE CUSTOMER HAS NOT UPGRADED THE SOFWARE WHEN POSSIBLEUS$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 423, 5 24, AND 6 ABOVE25) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.