Limitation of Liability; Exclusion of Damages. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS HEREUNDER OR A PARTY’S GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, NO PARTY HERETO WILL BE LIABLE FOR ANY (i) PUNITIVE, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR TREBLED DAMAGES (IN EACH CASE, EXCEPT TO THE EXTENT PAYABLE TO A THIRD PARTY IN RESPECT OF A THIRD-PARTY PROCEEDING BASED ON A FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION) OR (ii) LOST PROFITS, DIMINUTION IN VALUE, MULTIPLE-BASED OR OTHER DAMAGES CALCULATED BASED ON A MULTIPLE OF ANOTHER FINANCIAL MEASURE, IN EACH CASE, ARISING OUT OF OR RELATING TO THIS AGREEMENT EVEN IF THE OTHER PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) NOTWITHSTANDING ANYTHING ELSE HEREIN TO THE CONTRARY, EXCEPT FOR ANY FEES PAYABLE BY VS TO SERVICE PROVIDER IN ACCORDANCE WITH THIS AGREEMENT FOR THE SERVICES HEREUNDER OR A PARTY’S GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, AND SUBJECT TO SECTION 4.03, THE MAXIMUM AGGREGATE LIABILITY OF EACH PARTY UNDER OR IN CONNECTION WITH THIS AGREEMENT IN ANY CALENDAR YEAR SHALL NOT EXCEED AND SHALL BE LIMITED TO $7,500,000 .
Limitation of Liability; Exclusion of Damages. Except for Licensee’s breach of confidentiality obligations hereunder, in no event shall either party be liable to the other for any incidental, indirect, special, consequential or punitive damages, related to the software that is not expressly provided for elsewhere in this Agreement and its attachments and exhibits, including without limitation lost profits, costs of delay, any failure of delivery, business interruption, costs of lost or damaged data or documentation, or liabilities to third parties arising from the software’s use, even if the party from which such damages are sought has been advised of the possibility of such damages.
Limitation of Liability; Exclusion of Damages. Except for Licensee’s breach of confidentiality obligations hereunder, in no event shall either party be liable to the other for any incidental, indirect, special, consequential or punitive damages, related to the software that is not expressly provided for elsewhere in this Agreement and its attachments and exhibits, including without limitation lost profits, costs of delay, any failure of delivery, business interruption, costs of lost or damaged data or documentation, or liabilities to third parties arising from the software’s use, even if the party from which such damages are sought has been advised of the possibility of such damages. Notwithstanding the foregoing, Consultant remains liable, without monetary limitation, for direct damages for personal injury, death or damage to real property or tangible personal property or intellectual property attributable to the negligence or other tort of contractor, its officers, employees or agents.
Limitation of Liability; Exclusion of Damages. A. The cumulative liability of InVizion to Licensee or any third party for all claims arising from or relating to this Agreement on any cause of action, including contract, negligence, strict liability or other tort, shall not exceed (i) the total amount of the license fees paid by Licensee to InVizion for the Software products that are the subjects of such claims or, (ii) if the claim arises from the Support services or other services, InVizion’s cumulative liability shall not exceed the Support services fees or other fees, as applicable, paid by Licensee to InVizion during the twelve (12) month period preceding such claim for the Support services for such Software product or other services. This limitation of liability is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective.
Limitation of Liability; Exclusion of Damages. Other than payment of the purchase price for Items which is validly due to Seller in accordance with the terms of the Order, Integer will have no liability with respect to any claim by Seller or any third party arising out of or in any way relating to any Items sold by Seller to Integer under this Order. INTEGER WILL NOT BE LIABLE TO SELLER OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECTDAMAGES, LOST PROFITS OR OTHER LOSSES OF SELLER OR ANY THIRD PARTY ARISING OUT OF Integer Terms and Conditions of Purchase Version: May 2021 OR IN ANY WAY RELATING TO THE SALE, USE OR TRANSPORTATION OF ANY ITEM PURCHASED UNDER THIS ORDER.
Limitation of Liability; Exclusion of Damages. LEYARD/PLANAR'S MAXIMUM AGGREGATE LIABILITY UNDER THIS WARRANTY IS LIMITED TO ONE OF THE FOLLOWING REMEDIES: (1) REPLACEMENT WITH A SIMILAR NEW OR REFURBISHED PRODUCT, OR (2) REFUND OF A PRORATED SHARE OF THE CURRENT MSRP AS DETERMINED BY THE REMAINDER OF THE WARRANTY PERIOD IF REPLACEMENT OF THE PRODUCT IS NOT COMMERCIALLY FEASIBLE IN LEYARD/PLANAR’S SOLE OPINION.
Limitation of Liability; Exclusion of Damages. Seller’s liability with respect to any claim by Buyer or any third party arising out of or in any way relating to any product sold by Seller to Buyer (including without limitation such product’s sale, use or transportation) will be limited solely to the cost of such product and any such claim must be filed within 60 days after the delivery of such product. SELLER WILL NOT BE LIABLE TO BUYER OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, LOST PROFITS OR OTHER LOSSES OF BUYER OR ANY THIRD PARTY ARISING OUT OF OR IN ANY WAY RELATING TO THE SALE, USE, PROCESSING OR TRANSPORTATION OF SUCH PRODUCT.
Limitation of Liability; Exclusion of Damages. Seller’s liability with respect to any claim by Buyer or any third party arising out of or in any way relating to any product or services sold by Seller to Buyer (including without limitation such product’s sale, or use) will be limited solely to the cost of such product or service. SELLER WILL NOT BE LIABLE TO BUYER OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL INDIRECT OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR OTHER LOSSES OF BUYER OR ANY THIRD PARTY ARISING OUT OF OR IN ANY WAY RELATING TO THE SALE, OR USE OF SUCH PRODUCT OR SERVICE.
Limitation of Liability; Exclusion of Damages. Other than payment of the purchase price for Items which is validly due to Seller in accordance with the terms of the Order, Integer will have no liability with respect to any claim by Seller or any third party arising out of or in any way relating to any Items sold by Seller to Integer under this Order. INTEGER WILL NOT BE LIABLE TO SELLER OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, LOST PROFITS OR OTHER LOSSES OF SELLER OR ANY THIRD PARTY ARISING OUT OF OR IN ANY WAY RELATING TO THE SALE, USE OR TRANSPORTATION OF ANY ITEM PURCHASED UNDER THIS ORDER.
Limitation of Liability; Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FULCRUM AND ITS DISTRIBUTORS OR RESELLERS BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER IN TORT, PRODUCT LIABILITY AND/OR NEGLIGENCE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, PRIVACY OR CONFIDENTIALITY, BREACH OF SECURITY SYSTEMS OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING IN ANY WAY TO, THE USE OF, OR INABILITY TO USE THE MOBILEONE IOS LIBRARY, EVEN IF FULCRUM AND ITS DISTRIBUTORS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBLILITY OF SUCH DAMAGES OR LOSSES. THE MOBILEONE IOS LIBRARY IS SUPPLIED "AS IS", AND THE ENTIRE RISK OF ACCURACY AND
