Common use of LIMITATION OF LIABILITY Customer Clause in Contracts

LIMITATION OF LIABILITY Customer. agrees that CFMS’s liability under this Agreement for damages for any breach of this Agreement with respect to each Product shall not exceed the amount of the subscription fee, as applicable, actually paid to CFMS by Customer under this Agreement for that Product regardless of the form of action except as defined in Section 9. Customer further agrees that CFMS shall not be responsible for any special, consequential or incidental damages, including but not limited to loss of profits or income. However, CFMS does not seek to limit or exclude its liability for claims arising from death or personal injury and attributable to the negligence of CFMS.

LIMITATION OF LIABILITY Customer. agrees that CFMS’s liability under this Agreement for damages for any breach of this Agreement with respect to each Product shall not exceed the amount of the subscription License fee or maintenance fee, as applicable, actually paid to CFMS by Customer under this Agreement for that Product regardless of the form of action except as defined in Section 9. Customer further agrees that CFMS shall not be responsible for any special, consequential or incidental damages, including but not limited to loss of profits or income. However, CFMS does not seek to limit or exclude its liability for claims arising from death or personal injury and attributable to the negligence of CFMS.