Common use of LIMITATION OF LIABILITY IN NO EVENT Clause in Contracts

LIMITATION OF LIABILITY IN NO EVENT. SHALL RIGHTNOW BE LIABLE FOR DIRECT DAMAGES ARISING OUT OF THIS AGREEMENT (WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE) IN AMOUNTS GREATER THAN THE TOTAL SERVICES FEES PAID TO RIGHTNOW BY CUSTOMER FOR THE QUARTER IN WHICH THE CAUSE OF ACTION AROSE. IN NO EVENT SHALL RIGHTNOW BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF RIGHTNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE. THIS IS A BENEFIT OF THE BARGAIN BETWEEN THE PARTIES AND PART OF THE BASIS FOR THE SERVICES FEES OFFERED TO CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.

LIMITATION OF LIABILITY IN NO EVENT. SHALL RIGHTNOW THE COMPANY BE LIABLE TO CUSTOMER, AN END USER OR ANY THIRD PARTY FOR DIRECT ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT (OR RELATING TO THE AGREEMENT, REGARDLESS OF WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY, BREACH THE COMPANY HAD BEEN ADVISED OF WARRANTY OR OTHERWISE) IN AMOUNTS GREATER THAN THE TOTAL SERVICES FEES PAID TO RIGHTNOW BY CUSTOMER POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S AGGREGATE LIABILITY FOR THE QUARTER IN WHICH THE CAUSE ANY REASON AND ALL CAUSES OF ACTION AROSE. IN NO EVENT SHALL RIGHTNOW BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, OR RELATING TO THE AGREEMENT (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING NEGLIGENCE) AND STRICT PRODUCT LIABILITY)) SHALL BE LIMITED TO THE FEES PAID OR OWED BY CUSTOMER UNDER THE SERVICE ORDER THAT IS THE SUBJECT MATTER OF THE CLAIM IN THE ONE (1) MONTH PRECEDING THE DATE THE CLAIM ARISES. IN NO EVENT SHALL THE COMPANY’S AFFILIATES, THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS HAVE ANY LIABILITY TO CUSTOMER HEREUNDER. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES FOR LOSS ARISING AS A RESULT OF PROFITSTHE UNAVAILABILITY OF THE SERVICE, USE, DATA INCLUDING THE INABILITY TO REACH 911 OR OTHER INTANGIBLE PROPERTYEMERGENCY SERVICES, EVEN IF RIGHTNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE INABILITY TO CONTACT A SECURITY SYSTEM OR REMOTE MEDICAL OR OTHER MONITORING SERVICE PROVIDER OR ANY FAILURE OF ANY ESSENTIAL PURPOSE. THIS IS A BENEFIT OF THE BARGAIN BETWEEN THE PARTIES AND PART OF THE BASIS FOR THE SERVICES FEES OFFERED OR FAULT RELATING TO CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY-PROVIDED EQUIPMENT, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMERFACILITIES OR SERVICES.

LIMITATION OF LIABILITY IN NO EVENT. SHALL RIGHTNOW EITHER PARTY BE LIABLE FOR DIRECT DAMAGES TO THE OTHER UNDER ANY CAUSE OR ACTION (INCLUDING CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) ARISING FROM OR OUT OF THIS AGREEMENT FOR (WHETHER ARISING UNDER CONTRACTa) ANY CONSEQUENTIAL, TORTSPECIAL, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE) IN AMOUNTS GREATER THAN THE TOTAL SERVICES FEES PAID TO RIGHTNOW BY CUSTOMER FOR THE QUARTER IN WHICH THE CAUSE OF ACTION AROSE. IN NO EVENT SHALL RIGHTNOW BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVEPUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING, INCLUDING BUT NOT LIMITED TOTO LOST PROFITS, AND (b) AGGREGATE LIABILITY OF GREATER THAN THE FEES ACTUALLY PAID BY SUBSCRIBER UNDER THIS PURCHASE ORDER. OBLIGATIONS UNDER SECTION 10 OF THIS CLOUD SUBSCRIPTION AGREEMENT AND SUBSCRIBER’S OBLIGATION TO MAKE PAYMENTS AS DUE SHALL NOT BE SUBJECT TO THE LIMITATION SET FORTH IN 9(b) ABOVE. IN ADDITION, DAMAGES FOR LOSS ASSOCIATED WITH EITHER PARTY VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF PROFITSTHE OTHER PARTY, USESHALL NOT BE SUBJECT TO THE LIMITATION SET FORTH IN SECTIONS 9(a) OR 9(b) ABOVE. THE LIMITATIONS SET FORTH IN THIS SECTION ARE INDEPENDENT OF ANY LIMITED REMEDY SET FORTH HEREIN, DATA SHALL APPLY WHETHER OR OTHER INTANGIBLE PROPERTY, EVEN IF RIGHTNOW NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY ESSENTIAL PURPOSELIMITED REMEDY. THIS IS A BENEFIT THE FOREGOING LIMITATION OF THE BARGAIN BETWEEN THE PARTIES AND PART OF THE BASIS FOR THE SERVICES FEES OFFERED TO CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY LIABILITY SHALL NOT APPLY TO CUSTOMER(1) PERSONAL INJURY OR DEATH RESULTING FROM LICENSOR’S NEGLIGENCE; (2) FOR FRAUD; OR (3) FOR ANY OTHER MATTER FOR WHICH LIABILITY CANNOT BE EXCLUDED BY LAW.

LIMITATION OF LIABILITY IN NO EVENT. SHALL RIGHTNOW BE LIABLE FOR DIRECT DAMAGES ARISING OUT OF THIS AGREEMENT (WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE) IN AMOUNTS GREATER THAN THE TOTAL SERVICES FEES PAID TO RIGHTNOW BY CUSTOMER FOR THE QUARTER IN WHICH THE CAUSE OF ACTION AROSE. IN NO EVENT SHALL RIGHTNOW BUYER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, SPECIAL EXEMPLARY, SPECIAL, OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OR EXPENSES OR LOST PROFITS OR DIMINUTION IN VALUE, REGARDLESS OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, HOW CHARACTERIZED AND EVEN IF RIGHTNOW SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY ESSENTIAL PURPOSE. PURCHSE ORDER UNDER THIS IS A BENEFIT AGREEMENT, REGARDLESS OF THE BARGAIN BETWEEN FORM OF ACTION WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY LIABILITY OR OTHERWISE. THE PARTIES AND PART AGGREGATE LIABILITY OF BUYER FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT IS LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE BASIS AMOUNT PAID FOR THE SERVICES FEES OFFERED SPECIFIC PRODUCT OR SERVICE THAT GIVES RISE TO CUSTOMERTHE CLAIM. SOME JURISDICTIONS DO NOT ALLOW TO THE ABOVE EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF LIABILITYWHETHER BUYER’S LIABILITY ARISES FROM BREACH OF CONTRACT, SO SOME WARRANTY, TORT, INDEMNITY, OPERATION OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMERLAW, OR OTHERWISE. NOTHING IN THIS PO SHALL EXCLUDE OR LIMIT SUPPLIER’S LIABILITY UNDER THIS PO, OR SUPPLIER’S LIABILITY FOR FRAUD, PERSONAL INJURY, OR DEATH CAUSED BY ITS NEGLIGENCE OR WILLFUL MISCONDUCT.

LIMITATION OF LIABILITY IN NO EVENT. SHALL RIGHTNOW EITHER PARTY BE LIABLE FOR DIRECT DAMAGES TO THE OTHER UNDER ANY CAUSE OR ACTION (INCLUDING CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) ARISING FROM OR OUT OF THIS AGREEMENT FOR (WHETHER ARISING UNDER CONTRACTa) ANY CONSEQUENTIAL, TORTSPECIAL, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE) IN AMOUNTS GREATER THAN THE TOTAL SERVICES FEES PAID TO RIGHTNOW BY CUSTOMER FOR THE QUARTER IN WHICH THE CAUSE OF ACTION AROSE. IN NO EVENT SHALL RIGHTNOW BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVEPUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING, INCLUDING BUT NOT LIMITED TOTO LOST PROFITS, AND (b) AGGREGATE LIABILITY OF GREATER THAN THE FEES ACTUALLY PAID BY SUBSCRIBER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. OBLIGATIONS UNDER SECTION 10 OF THIS CLOUD SUBSCRIPTION AGREEMENT AND SUBSCRIBER’S OBLIGATION TO MAKE PAYMENTS AS DUE SHALL NOT BE SUBJECT TO THE LIMITATION SET FORTH IN 9(b) ABOVE. IN ADDITION, DAMAGES FOR LOSS ASSOCIATED WITH EITHER PARTY VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF PROFITSTHE OTHER PARTY, USESHALL NOT BE SUBJECT TO THE LIMITATION SET FORTH IN SECTIONS 9(a) OR 9(b) ABOVE. THE LIMITATIONS SET FORTH IN THIS SECTION ARE INDEPENDENT OF ANY LIMITED REMEDY SET FORTH HEREIN, DATA SHALL APPLY WHETHER OR OTHER INTANGIBLE PROPERTY, EVEN IF RIGHTNOW NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY ESSENTIAL PURPOSE. THIS IS A BENEFIT OF THE BARGAIN BETWEEN THE PARTIES AND PART OF THE BASIS FOR THE SERVICES FEES OFFERED TO CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMERLIMITED REMEDY.

LIMITATION OF LIABILITY IN NO EVENT. SHALL RIGHTNOW BE LIABLE FOR DIRECT DAMAGES ARISING OUT OF THIS AGREEMENT (WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE) IN AMOUNTS GREATER THAN THE TOTAL SERVICES FEES PAID TO RIGHTNOW BY CUSTOMER FOR THE QUARTER IN WHICH THE CAUSE OF ACTION AROSE. IN NO EVENT SHALL RIGHTNOW BUYER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, SPECIAL EXEMPLARY, SPECIAL, INDIRECT OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OR EXPENSES OR LOST PROFITS OR DIMUNUTION IN VALUE, REGARDLESS OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, HOW CHARACTERIZED AND EVEN IF RIGHTNOW SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY ESSENTIAL PURPOSE. PURCHSE ORDER UNDER THIS IS A BENEFIT AGREEMENT, REGARDLESS OF THE BARGAIN BETWEEN FORM OF ACTION WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY LIABILITY OR OTHERWISE. THE PARTIES AND PART AGGREGATE LIABILITY OF BUYER FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT IS LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE BASIS AMOUNT PAID FOR THE SERVICES FEES OFFERED SPECIFIC PRODUCT OR SERVICE THAT GIVES RISE TO CUSTOMERTHE CLAIM. SOME JURISDICTIONS DO NOT ALLOW TO THE ABOVE EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF LIABILITYWHETHER BUYER’S LIABILITY ARISES FROM BREACH OF CONTRACT, SO SOME INDEMNITY, WARRANTY, TORT, OPERATION OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMERLAW, OR OTHERWISE. NOTHING IN THIS PO SHALL EXCLUDE OR LIMIT SUPPLIER’S LIABILITY UNDER THIS PO, OR SUPPLIER’S LIABILITY FOR FRAUD, PERSONAL INJURY, OR DEATH CAUSED BY ITS NEGLIGENCE OR WILLFUL MISCONDUCT.