Common use of LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES Clause in Contracts

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. (a) NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT, THE PATENT RIGHTS, THE KNOW-HOW OR ANY IMPROVEMENT, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SUCH PARTY IS ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SAME. (b) EXCEPT AS EXPRESSLY SET FORTH HEREIN, EACH PARTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE PATENT RIGHTS, KNOW-HOW, IMPROVEMENTS AND PRODUCTS AND THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. (a) NEITHER PARTY SHALL IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY SPECIALDAMAGES OR LOSSES OF ANY KIND, CONSEQUENTIALINCLUDING DIRECT, EXEMPLARY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR INCIDENTAL PUNITIVE DAMAGES (INCLUDING LOST ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND/OR ANTICIPATED REVENUES ENTRY IN THE GIVEAWAY, DOWNLOADING FROM AND/OR PROFITS RELATING TO THE SAME), ARISING PRINTING MATERIAL DOWNLOADED FROM ANY CLAIM RELATING TO WEBSITES ASSOCIATED WITH THE GIVEAWAY. WITHOUT LIMITING THE FOREGOING, THIS AGREEMENTGIVEAWAY AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, THE PATENT RIGHTS, THE KNOW-HOW OR ANY IMPROVEMENT, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SUCH PARTY IS ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SAME. (b) EXCEPT AS EXPRESSLY SET FORTH HEREIN, EACH PARTY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE PATENT RIGHTS, KNOW-HOW, IMPROVEMENTS AND PRODUCTS AND THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-OR NON- INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. (a) NEITHER PARTY SHALL IN NO EVENT WILL PUBLISHER BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY ADVERTISER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL PUNITIVE DAMAGES WHATSOEVER (INCLUDING LOST DAMAGES FOR LOSS OF USE, REVENUE, OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAMEPROFIT, BUSINESS INTERRUPTION, AND LOSS OF INFORMATION), WHETHER ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT, THE PATENT RIGHTS, THE KNOW-HOW OR ANY IMPROVEMENT, WHETHER SUCH CLAIM IS BASED ON WARRANTY, OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITYNEGLIGENCE) OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE REGARDLESS OF WHETHER SUCH PARTY IS DAMAGE WAS FORESEEABLE AND WHETHER OR NOT PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PUBLISHER’S AGGREGATE LIABILITY ARISING OUT OF OR LIKELIHOOD OF SAME. (b) EXCEPT AS EXPRESSLY SET FORTH HEREIN, EACH PARTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD RELATED TO THE PATENT RIGHTS, KNOW-HOW, IMPROVEMENTS AND PRODUCTS AND THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING BUT NEGLIGENCE), OR OTHERWISE, SHALL NOT LIMITED EXCEED THE LESSER OF THE TOTAL OF THE AMOUNTS PAID TO PUBLISHER PURSUANT TO THIS AGREEMENT IN THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTCLAIM OR FIVE THOUSAND DOLLARS.