Common use of LIMITATION OF LIABILITY. Limitations on Damages Clause in Contracts

LIMITATION OF LIABILITY. Limitations on Damages. The limitations, exclusions and disclaimers stated below apply to any and all disputes, claims, or controversies (whether in contract, tort, or otherwise) related to or arising out of the Agreement or any quote or Order (“Dispute”). The terms of this Section are agreed allocations of risk constituting part of the consideration for RedSeal’s sale of products and services to Customer and will apply even if there is a failure of the essential purpose of any limited remedy, and regardless whether a party has been advised of the possibility of the liabilities. A. Limitation on Direct Damages. Except for Customer’s obligations to pay for products and services, Customer’s violation of the restrictions on use of products and services or RedSeal’s or its Affiliates’ intellectual property rights, or a party’s indemnity obligation stated in the Section above titled “Indemnity”, each party’s total liability arising out of any Dispute or any matter under this Agreement, is limited to the amount Customer paid to RedSeal during the twelve months before the date that the matter or Dispute arose for the product, services, or both that are the subject of the Dispute, but excluding amounts received as reimbursement of expenses or payment of taxes.

Appears in 3 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

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LIMITATION OF LIABILITY. Limitations on Damages. The limitations, exclusions and disclaimers stated below apply to any and all disputes, claims, or controversies (whether in contract, tort, or otherwise) related to or arising out of the Agreement or any quote or Order (“Dispute”). The terms of this Section are agreed allocations of risk constituting part of the consideration for RedSealRSA’s sale of products and services to Customer and will apply even if there is a failure of the essential purpose of any limited remedy, and regardless whether a party has been advised of the possibility of the liabilities. A. Limitation on Direct Damages. Except for Customer’s obligations to pay for products and services, Customer’s violation of the restrictions on use of products and services or RedSealRSA’s or its Affiliates’ intellectual property rights, or a party’s indemnity obligation stated in the Section above titled “Indemnity”, each party’s total liability arising out of any Dispute or any matter under this Agreement, is limited to the amount Customer paid to RedSeal RSA during the twelve months before the date that the matter or Dispute arose for the product, services, or both that are the subject of the Dispute, but excluding amounts received as reimbursement of expenses or payment of taxes.

Appears in 1 contract

Samples: End User License Agreement

LIMITATION OF LIABILITY. Limitations on Damages. The limitations, exclusions and disclaimers stated below apply to any and all disputes, claims, or controversies (whether in contract, tort, or otherwise) related to or arising out of the Agreement or any quote or Order (“Dispute”). The terms of this Section are agreed allocations of risk constituting part of the consideration for RedSeal’s NetWitness’ sale of products and services to Customer and will apply even if there is a failure of the essential purpose of any limited remedy, and regardless whether a party has been advised of the possibility of the liabilities. A. (1). Limitation on Direct Damages. Except for Customer’s obligations to pay for products and services, Customer’s violation of the restrictions on use of products and services or RedSeal’s NetWitness’ or its Affiliates’ intellectual property rights, or a party’s indemnity obligation stated in the Section above titled “Indemnity”, each party’s total liability arising out of any Dispute or any matter under this Agreement, is limited to the amount Customer paid to RedSeal NetWitness during the twelve months before the date that the matter or Dispute arose for the product, services, or both that are the subject of the Dispute, but excluding amounts received as reimbursement of expenses or payment of taxes.

Appears in 1 contract

Samples: End User License Agreement

LIMITATION OF LIABILITY. Limitations on Damages. The limitations, exclusions and disclaimers stated below apply to any and all disputes, claims, or controversies (whether in contract, tort, or otherwise) related to or arising out of the Agreement or any quote or Order (“Dispute”). The terms of this Section are agreed allocations of risk constituting part of the consideration for RedSealRSA’s sale of products and services to Customer and will apply even if there is a failure of the essential purpose of any limited remedy, and regardless whether a party has been advised of the possibility of the liabilities. A. (1). Limitation on Direct Damages. Except for Customer’s obligations to pay for products and services, Customer’s violation of the restrictions on use of products and services or RedSealRSA’s or its Affiliates’ intellectual property rights, or a party’s indemnity obligation stated in the Section above titled “Indemnity”, each party’s total liability arising out of any Dispute or any matter under this Agreement, is limited to the amount Customer paid to RedSeal RSA during the twelve months before the date that the matter or Dispute arose for the product, services, or both that are the subject of the Dispute, but excluding amounts received as reimbursement of expenses or payment of taxes.

Appears in 1 contract

Samples: End User License Agreement

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LIMITATION OF LIABILITY. Limitations on Damages. The limitations, exclusions and disclaimers stated below apply to any and all disputes, claims, or controversies (whether in contract, tort, or otherwise) related to or arising out of the Agreement or any quote or Order (“Dispute”). The terms of this Section are agreed allocations of risk constituting part of the consideration for RedSealSecurID’s sale of products and services to Customer and will apply even if there is a failure of the essential purpose of any limited remedy, and regardless whether a party has been advised of the possibility of the liabilities. A. (1). Limitation on Direct Damages. Except for Customer’s obligations to pay for products and services, Customer’s violation of the restrictions on use of products and services or RedSealSecurID’s or its Affiliates’ intellectual property rights, or a party’s indemnity obligation stated in the Section above titled “Indemnity”, each party’s total liability arising out of any Dispute or any matter under this Agreement, is limited to the amount Customer paid to RedSeal SecurID during the twelve months before the date that the matter or Dispute arose for the product, services, or both that are the subject of the Dispute, but excluding amounts received as reimbursement of expenses or payment of taxes.

Appears in 1 contract

Samples: End User License Agreement

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