Limitation of Liability Exclusions. The limitations of liability set forth in Section 6.1 above do not apply to, and each party accepts liability to the other for: (a) damages related to claims that are the subject of indemnification under this Agreement, (b) claims based on either party’s intentional breach of its obligations set forth in Section 4 (Confidentiality), and (c) either party’s unauthorized use, distribution, or disclosure of the other party’s intellectual property.
Appears in 6 contracts
Samples: Academic Alliance Agreement, Service Mou, Academic Alliance Agreement
Limitation of Liability Exclusions. The limitations of liability set forth in Section 6.1 Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: (a) damages related to claims that are the subject of indemnification under this Agreement, (b) claims based on either party’s intentional breach of its obligations set forth in Section 4 5 (Confidentiality), (b) claims arising out of fraud or willful misconduct by either party and (c) either party’s unauthorized use, distribution, or disclosure of the other party’s intellectual property.
Appears in 5 contracts
Samples: Software Services Agreement, Supplemental Contract, Purchase Agreement
Limitation of Liability Exclusions. The limitations of liability set forth in Section 6.1 Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: (a) damages related to claims that are the subject of indemnification under this Agreement, (b) claims based on either party’s intentional breach of its obligations set forth in Section 4 5 (Confidentiality), (b) claims arising out of fraud or willful misconduct by either party and (c) either party’s unauthorized use, distribution, or disclosure infringement of the other party’s intellectual propertyIntellectual Property Rights.
Appears in 1 contract
Samples: Master Services Agreement
Limitation of Liability Exclusions. The limitations of liability set forth in Section 6.1 Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: (a) damages related to claims that are the subject of indemnification under this Agreement, (b) claims based on either party’s intentional breach of its obligations set forth in Section 4 5 (Confidentiality), (b) claim arising out of fraud or willful misconduct by either party and (c) either party’s unauthorized use, distribution, or disclosure of the other party’s intellectual property...
Appears in 1 contract
Samples: Software Services Agreement
Limitation of Liability Exclusions. The limitations of liability set forth in Section 6.1 Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: (a) damages related to claims that are the subject of indemnification under this Agreement, (b) claims based on either party’s intentional breach of its obligations set forth in Section 4 5 (Confidentiality), (b) claims arising out of gross negligence, fraud or willful misconduct by either party and (c) either party’s unauthorized use, distribution, or disclosure of the other party’s intellectual property.
Appears in 1 contract
Samples: Software Services Agreement
Limitation of Liability Exclusions. The limitations of liability set forth in Section 6.1 7.1 above do not apply to, and each party accepts liability to the other for: (a) damages related to claims that are the subject of indemnification under this Agreement, (b) claims based on either party’s intentional breach of its obligations set forth in Section 4 5 (Confidentiality), and (c) either party’s unauthorized use, distribution, or disclosure of the other party’s intellectual property.
Appears in 1 contract
Samples: End User Licensing Agreement
Limitation of Liability Exclusions. The limitations of liability set forth in Section 6.1 Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: (a) damages related to claims that are the subject of indemnification under this Agreement, (b) claims based on either party’s intentional breach of its obligations set forth in Section 4 5 (Confidentiality), and (c) either party’s unauthorized use, distribution, or disclosure of the other party’s intellectual property.,
Appears in 1 contract
Samples: Professional Services
Limitation of Liability Exclusions. The limitations of liability set forth in Section 6.1 8.1 above do not apply to, and each party accepts liability to the other for: (a) damages related to claims that are the subject of indemnification under this Agreement, (b) claims based on either party’s intentional breach of its obligations set forth in Section 4 5 (Confidentiality), and (c) either party’s unauthorized use, distribution, or disclosure of the other party’s intellectual property.
Appears in 1 contract
Samples: End User License Agreement
Limitation of Liability Exclusions. The limitations of liability set forth in Section 6.1 Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: (a) damages related to claims that are the subject of indemnification under this Agreement, (b) claims based on either party’s intentional breach of its obligations set forth in Section 4 5 (Confidentiality), and (b) claims arising out of fraud or willful misconduct by either party and
(c) either party’s unauthorized use, distribution, or disclosure infringement of the other party’s intellectual propertyIntellectual Property Rights.
Appears in 1 contract
Samples: Master Services Agreement
Limitation of Liability Exclusions. The limitations of liability set forth in Section 6.1 8.1 above do not apply to, and each party accepts liability to the other for: (a) damages related to claims that are the subject of indemnification under this Agreement, (b) claims based on either party’s intentional breach of its obligations set forth in Section 4 5 (Confidentiality), and (c) either party’s unauthorized use, distribution, or disclosure of the other party’s intellectual property.
Appears in 1 contract
Samples: End User License Agreement
Limitation of Liability Exclusions. The limitations of liability set forth in Section 6.1 above do not apply to, and each party accepts liability to the other for: (a) damages related to claims that are the subject of indemnification under this Agreement, (b) claims based on either party’s intentional breach intentionalbreach of its obligations set forth in Section 4 (Confidentiality), and (c) either party’s unauthorized use, distribution, or disclosure of the other party’s intellectual property.
Appears in 1 contract
Samples: Academic Alliance Agreement
Limitation of Liability Exclusions. The limitations limitation of liability set forth in Section 6.1 5(c)(i) above do will not apply to, and each party accepts liability to the other for: (a) damages related to claims that are Customer’s payment obligations under the subject of indemnification under this Agreement, ; (b) claims based on either partyParty’s intentional breach of liability for death or personal injury caused by its obligations set forth in Section 4 (Confidentiality), and negligence; (c) either partyParty’s unauthorized use, distribution, or disclosure of liability for any fraudulent misrepresentations made by one Party on which the other party’s intellectual propertyParty can be shown to have relied; or (d) any liability which may not be excluded by applicable law.
Appears in 1 contract
Samples: Professional Services Agreement
Limitation of Liability Exclusions. The limitations of liability set forth in Section 6.1 10.1 above do not apply to, and each party accepts liability to the other forfor damages related to: (a) damages related to claims that are the subject of intellectual property infringement indemnification under this Agreement, ; (b) claims based on either party’s intentional breach of its obligations set forth in Section 4 8 (Confidentiality), and ; (c) either party’s unauthorized use, distribution, or disclosure of the other party’s intellectual property; and (d) Licensee’s payment obligations hereunder.
Appears in 1 contract
Samples: Software License Agreement
Limitation of Liability Exclusions. The limitations of liability set forth in Section 6.1 7.1 (Limitation of Liability) above do not apply to, and each party accepts liability to the other for: (a) damages :
a. Damages related to claims that are the subject of indemnification under this Agreement, (b) claims b. Claims based on either party’s intentional breach of its obligations set forth in Section 4 5 (Confidentiality), and (c) either c. Either party’s unauthorized use, distribution, or disclosure of the other party’s intellectual property, and
d. Customer’s payment obligations (if applicable).
Appears in 1 contract
Samples: End User License Agreement