Limitation of Liability; Indemnity. Except (A) to the extent resulting from the negligence or willful misconduct of ORPALIS or its employees or agents, and/or (B) for ORPALIS’ indemnity obligations below: (i) In no event shall ORPALIS be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) arising out of or related to this Agreement or any ‘Authorized Users’ use of or inability to use the SDK, even if ORPALIS has been advised of the possibility of such damages. In no event will ORPALIS be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort, or otherwise.
Appears in 5 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Limitation of Liability; Indemnity. Except (A) to the extent resulting from the negligence or willful misconduct of ORPALIS or its employees or agents, and/or (B) for ORPALIS’ indemnity obligations below: (i) In no event shall ORPALIS be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) arising out of or related to this Agreement or any ‘Authorized Users’ use of or inability to use the SDKXxXxxxxxx.XXX, even if ORPALIS has been advised of the possibility of such damages. In no event will ORPALIS be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort, tort or otherwise.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
