Common use of Limitation of Remedies and Damages Clause in Contracts

Limitation of Remedies and Damages. Seller’s liability and Xxxxx’s sole and exclusive remedy hereunder will be limited to repair, replacement or credit, at Seller’s option, with respect to Articles found by Seller in its sole discretion to be defective and returned to Seller at Buyer’s expense within 30 days after Xxxxx’s receipt of such Articles. No Articles may be returned without Seller’s express written preauthorization. Seller shall not be liable for a breach of warranty if: (a) the defect arises because Buyer fails to follow Seller’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Articles; (b) Buyer alters or repairs the Articles without the prior written consent of Seller; or (c) Articles become defective or inoperative due to normal use, accident, misapplication, abuse or misuse. SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, COSTS OF SUBSTITUTE ARTICLES, MACHINE WORK OR LABOR COSTS, ARISING FROM THE SALE, USE OR INSTALLATION OF ARTICLES, FROM ARTICLES BEING INCORPORATED INTO OR BECOMING A COMPONENT OF ANOTHER ARTICLE, OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER BASED ON WARRANTY (EXPRESSED OR IMPLIED) OR OTHERWISE BASED ON CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, AND REGARDLESS OF ANY ADVICE OR REPRESENTATIONS THAT MAY HAVE BEEN RENDERED BY SELLER CONCERNING THE SALE, USE OR INSTALLATION OF ARTICLES, EVEN IF SELLER IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER BY BUYER FOR THE ARTICLES WITHIN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO BUYER’S CLAIM. THE LIMITATIONS SET FORTH HEREIN SHALL BE VALID AND ENFORCEABLE NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED REMEDY SET FORTH HEREIN.

Limitation of Remedies and Damages. Seller’s liability and XxxxxBuyer’s sole and exclusive remedy hereunder will be limited to repair, replacement or credit, at Seller’s option, with respect to Articles found by Seller in its sole discretion to be defective and returned to Seller at Buyer’s expense within 30 days after XxxxxBuyer’s receipt of such Articles. No Articles may be returned without Seller’s express written preauthorization. Seller shall not be liable for a breach of warranty if: (a) the defect arises because Buyer fails to follow Seller’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Articles; (b) Buyer alters or repairs the Articles without the prior written consent of Seller; or (c) Articles become defective or inoperative due to normal use, accident, misapplication, abuse or misuse. SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, COSTS OF SUBSTITUTE ARTICLES, MACHINE WORK OR LABOR COSTS, ARISING FROM THE SALE, USE OR INSTALLATION OF ARTICLES, FROM ARTICLES BEING INCORPORATED INTO OR BECOMING A COMPONENT OF ANOTHER ARTICLE, OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER BASED ON WARRANTY (EXPRESSED OR IMPLIED) OR OTHERWISE BASED ON CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, AND REGARDLESS OF ANY ADVICE OR REPRESENTATIONS THAT MAY HAVE BEEN RENDERED BY SELLER CONCERNING THE SALE, USE OR INSTALLATION OF ARTICLES, EVEN IF SELLER IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER BY BUYER FOR THE ARTICLES WITHIN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO BUYER’S CLAIM. THE LIMITATIONS SET FORTH HEREIN SHALL BE VALID AND ENFORCEABLE NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED REMEDY SET FORTH HEREIN.

Limitation of Remedies and Damages. Seller’s liability and XxxxxBuyer’s sole remedies and exclusive remedy hereunder will be limited to repairCeleno’s entire liability are as set forth above. IN NO EVENT SHALL CELENO OR ANY OF ITS LICENSORS, replacement or creditDIRECTORS, at Seller’s optionOFFICERS, with respect to Articles found by Seller in its sole discretion to be defective and returned to Seller at Buyer’s expense within 30 days after Xxxxx’s receipt of such Articles. No Articles may be returned without Seller’s express written preauthorization. Seller shall not be liable for a breach of warranty if: (a) the defect arises because Buyer fails to follow Seller’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Articles; (b) Buyer alters or repairs the Articles without the prior written consent of Seller; or (c) Articles become defective or inoperative due to normal use, accident, misapplication, abuse or misuse. SELLER WILL NOT EMPLOYEES OR AFFILIATES BE LIABLE UNDER ANY CIRCUMSTANCES TO BUYER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIALEXEMPLARY, PUNITIVEINDIRECT, EXEMPLARY SPECIAL OR SPECIAL DAMAGESSIMILAR DAMAGES WHATSOEVER (INCLUDING, INCLUDING WITHOUT LIMITATION ANY LOST LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, COSTS BUSINESS INTERRUPTION, LOSS OF SUBSTITUTE ARTICLESBUSINESS INFORMATION AND THE LIKE), MACHINE WORK WHETHER FORESEEABLE OR LABOR COSTSUNFORESEEABLE, ARISING FROM OUT OF THE SALE, USE OR INSTALLATION OF ARTICLESINABILITY TO USE THE PRODUCT OR ACCOMPANYING WRITTEN MATERIALS, FROM ARTICLES BEING INCORPORATED INTO OR BECOMING A COMPONENT OF ANOTHER ARTICLE, OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER BASED ON WARRANTY (EXPRESSED OR IMPLIED) OR OTHERWISE BASED ON CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, AND REGARDLESS OF ANY ADVICE OR REPRESENTATIONS THAT MAY HAVE BEEN RENDERED BY SELLER CONCERNING THE SALE, USE OR INSTALLATION BASIS OF ARTICLES, THE CLAIM AND EVEN IF SELLER IS AWARE CELENO OR A CELENO REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. CELENO'S LIABILITY TO BUYER FOR DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE BASIS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE PRICE PAID FOR THE PRODUCT THAT CAUSED THE DAMAGES. THIS LIMITATION WILL NOT APPLY IN NO EVENT SHALL SELLER’S AGGREGATE CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY ARISING OUT WITHOUT THIS LIMITATION. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR RELATED TO THIS AGREEMENT EXCEED CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS, SO THE TOTAL OF THE AMOUNTS PAID TO SELLER BY BUYER FOR THE ARTICLES WITHIN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO BUYER’S CLAIM. THE LIMITATIONS SET FORTH HEREIN SHALL BE VALID AND ENFORCEABLE NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED REMEDY SET FORTH HEREIN.

Limitation of Remedies and Damages. Seller’s liability and Xxxxx’s sole and exclusive remedy hereunder will be limited to repairNOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, replacement or creditPICUS SECURITY, at Seller’s optionITS AFFILIATES, with respect to Articles found by Seller in its sole discretion to be defective and returned to Seller at Buyer’s expense within 30 days after Xxxxx’s receipt of such Articles. No Articles may be returned without Seller’s express written preauthorization. Seller shall not be liable for a breach of warranty if: (a) the defect arises because Buyer fails to follow Seller’s oral or written instructions as to the storageITS LICENSORS, installation, commissioning, use or maintenance of the Articles; (b) Buyer alters or repairs the Articles without the prior written consent of Seller; or (c) Articles become defective or inoperative due to normal use, accident, misapplication, abuse or misuse. SELLER OR AUTHORIZED PARTNERS WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTALCONSEQUENTIAL, CONSEQUENTIALSPECIAL, PUNITIVE, EXEMPLARY OR SPECIAL INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO CLAIMS FOR LOSS OF DATA, GOODWILL, OPPORTUNITY, REVENUE, PROFITS, COSTS OR USE OF SUBSTITUTE ARTICLESTHE PRODUCTS, MACHINE INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR LABOR COSTSIMPAIRMENT OF OTHER ASSETS, ARISING FROM THE SALEPRIVACY, ACCESS TO OR USE OF ANY ADDRESSES, EXECUTABLES OR INSTALLATION FILES THAT SHOULD HAVE BEEN LOCATED OR BLOCKED, NEGLIGENCE, BREACH OF ARTICLES, FROM ARTICLES BEING INCORPORATED INTO OR BECOMING A COMPONENT OF ANOTHER ARTICLE, OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER BASED ON WARRANTY (EXPRESSED OR IMPLIED) OR OTHERWISE BASED ON CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, OTHERWISE AND REGARDLESS OF ANY ADVICE OR REPRESENTATIONS THAT MAY HAVE BEEN RENDERED BY SELLER CONCERNING THE SALE, USE OR INSTALLATION OF ARTICLESTHIRD PARTY CLAIMS, EVEN IF SELLER IS AWARE PICUS SECURITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SELLERWILL PICUS SECURITY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT ACTUALLY RECEIVED BY PICUS SECURITY FOR THE APPLICABLE PRODUCTS OVER THE ONE YEAR PERIOD PRIOR TO THE EVENT OUT OF WHICH THE CLAIM AROSE FOR THE PRODUCTS THAT DIRECTLY CAUSED THE LIABILITY, OR (B) TEN THOUSAND USD. Warranty Disclaimer THE SERVICE, ITS SOFTWARE COMPONENTS, ITS REPORTS, AND ALL OTHER DELIVERABLES ARE PROVIDED “AS IS” AND PICUS SECURITY MAKES NO WARRANTY OR GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, ACCURACY, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND AS TO ITS USE OR PERFORMANCE AND DOES NOT WARRANT OR GUARANTEE THAT THE OPERATION OF THE AMOUNTS PAID TO SELLER BY BUYER FOR SOFTWARE WILL BE FAIL-SAFE, UNINTERRUPTED OR FREE FROM ERRORS OR DEFECTS OR THAT THE ARTICLES WITHIN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO BUYER’S CLAIM. THE LIMITATIONS SET FORTH HEREIN SHALL BE VALID AND ENFORCEABLE NOTWITHSTANDING SOFTWARE WILL PROTECT AGAINST ALL POSSIBLE THREATS OR IDENTIFY ALL POSSIBLE CYBER ATTACKS A FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED REMEDY SET FORTH HEREINSECURITY DEVICE MAY OR MAY NOT PROTECT AGAINST.

Limitation of Remedies and Damages. Seller’s liability and Xxxxx’s sole and exclusive remedy hereunder will be limited to repairIN NO EVENT WILL HIS, replacement or creditITS SUBSIDIARIES OR ANY OF THE LICENSORS, at Seller’s optionDIRECTORS, with respect to Articles found by Seller in its sole discretion to be defective and returned to Seller at Buyer’s expense within 30 days after Xxxxx’s receipt of such Articles. No Articles may be returned without Seller’s express written preauthorization. Seller shall not be liable for a breach of warranty if: (a) the defect arises because Buyer fails to follow Seller’s oral or written instructions as to the storageOFFICERS, installation, commissioning, use or maintenance of the Articles; (b) Buyer alters or repairs the Articles without the prior written consent of Seller; or (c) Articles become defective or inoperative due to normal use, accident, misapplication, abuse or misuse. SELLER WILL NOT EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO LICENSEE UNDER ANY CIRCUMSTANCES CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY INDIRECT OR SPECIAL DAMAGESDAMAGES WHATSOEVER (INCLUDING, INCLUDING WITHOUT LIMITATION ANY LOST BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, COSTS BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE ARTICLESGOODS, MACHINE WORK TECHNOLOGY OR LABOR COSTSSERVICES, ARISING FROM THE SALE, USE OR INSTALLATION OF ARTICLES, FROM ARTICLES BEING INCORPORATED INTO OR BECOMING A COMPONENT OF ANOTHER ARTICLE, OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER BASED ON WARRANTY (EXPRESSED OR IMPLIED) OR OTHERWISE BASED ON CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, AND REGARDLESS OF ANY ADVICE OR REPRESENTATIONS THAT MAY HAVE BEEN RENDERED BY SELLER CONCERNING THE SALE, USE OR INSTALLATION BASIS OF ARTICLES, THE CLAIM AND EVEN IF SELLER IS AWARE HIS OR A HIS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. HIS’s CUMULATIVE LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO NO GREATER THAN THE AMOUNT OF MONEY PAID TO HIS FOR THE SOFTWARE THAT CAUSED THE DAMAGES. NO ACTION MAY BE BROUGHT AGAINST HIS LATER THAN ONE YEAR FROM THE TERMINATION OF THIS AGREEMENT. HIS’S WARRANTIES SET FORTH IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TOTAL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HIS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL NECESSARILY MEET ALL CUSTOMER’S REQUIREMENTS, OR THAT THE OPERATION OF THE AMOUNTS PAID TO SELLER SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BUYER FOR HIS, OR AN AUTHORIZED REPRESENTATIVE OF HIS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE ARTICLES WITHIN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO BUYER’S CLAIM. THE LIMITATIONS SET FORTH HEREIN SHALL BE VALID AND ENFORCEABLE NOTWITHSTANDING A FAILURE SCOPE OF ESSENTIAL PURPOSE OF THE LIMITED REMEDY SET FORTH HEREINTHIS WARRANTY.

Limitation of Remedies and Damages. Seller’s To the maximum extent permitted by applicable law, eptaronline‘s entire liability and Xxxxx’s sole and YOUR exclusive remedy hereunder will be limited to repair, replacement or creditbe, at Seller’s eptaronline‘s option, with respect to Articles found by Seller in its sole discretion to be defective and returned to Seller at Buyer’s expense within 30 days after Xxxxx’s receipt of such Articles. No Articles may be returned without Seller’s express written preauthorization. Seller shall not be liable for a breach of warranty if: (a) either the defect arises because Buyer fails to follow Seller’s oral or written instructions as to the storage, installation, commissioning, use or maintenance refund of the Articles; (b) Buyer alters price paid or repairs the Articles without the prior written consent replacement of Seller; or (c) Articles become defective or inoperative due to normal useany disk not meeting eptaronline‘s "Limited Warranty" above. IN NO EVENT WILL EPTARONLINE, accidentITS RESELLERS, misapplicationITS DISTRIBUTORS, abuse or misuse. SELLER WILL NOT OR ITS SUPPLIERS BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOST PROFITS, COSTS LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF SUBSTITUTE ARTICLESPRIVACY, MACHINE WORK OR LABOR COSTS, ARISING FROM THE SALE, USE OR INSTALLATION OF ARTICLES, FROM ARTICLES BEING INCORPORATED INTO OR BECOMING A COMPONENT OF ANOTHER ARTICLE, OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER BASED ON WARRANTY (EXPRESSED OR IMPLIED) OR OTHERWISE BASED ON CONTRACT, TORT OR ANY OTHER THEORY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS XXXX, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF EPTARONLINE OR ANY SUPPLIER, AND REGARDLESS OF ANY ADVICE OR REPRESENTATIONS THAT MAY HAVE BEEN RENDERED BY SELLER CONCERNING THE SALE, USE OR INSTALLATION OF ARTICLES, EVEN IF SELLER IS AWARE EPTARONLINE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or countries do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to YOU. Notwithstanding any damages that YOU might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), IN NO EVENT SHALL SELLERWILL EPTARONLINE’S AGGREGATE LIABILITY ARISING OUT OF LIABILTY OR RELATED DAMAGES TO THIS AGREEMENT YOU OR ANY OTHER PERSON EVER EXCEED THE TOTAL AMOUNT OF THE AMOUNTS LICENSE FEE PAID BY YOU TO SELLER BY BUYER FOR USE THE ARTICLES WITHIN SOFTWARE, REGARDLESS OF THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING FORM OF THE EVENT GIVING RISE TO BUYER’S CLAIM. This liability shall exclude any shipping, handling, insurance or other incidental charges that cannot be recovered. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. IF YOU DO NOT WISH TO ACCEPT THE LIMITATIONS SET FORTH HEREIN SHALL BE VALID AND ENFORCEABLE NOTWITHSTANDING A FAILURE TERMS OF ESSENTIAL PURPOSE OF THIS XXXX, DO NOT INSTALL THE LIMITED REMEDY SET FORTH HEREINSOFTWARE.

Limitation of Remedies and Damages. Seller’s liability and Xxxxx’s sole and exclusive remedy hereunder will be limited to repairIN NO EVENT WILL MSP360 (CLOUDBERRY LAB), replacement or creditITS LICENSORS, at Seller’s optionITS AFFILIATES, with respect to Articles found by Seller in its sole discretion to be defective and returned to Seller at Buyer’s expense within 30 days after Xxxxx’s receipt of such Articles. No Articles may be returned without Seller’s express written preauthorization. Seller shall not be liable for a breach of warranty if: (a) the defect arises because Buyer fails to follow Seller’s oral or written instructions as to the storageSUBSIDIARIES, installationOR ANY OF THEIR RESPECTIVE DIRECTORS, commissioningOFFICERS, use or maintenance of the Articles; (b) Buyer alters or repairs the Articles without the prior written consent of Seller; or (c) Articles become defective or inoperative due to normal use, accident, misapplication, abuse or misuse. SELLER WILL NOT EMPLOYEES OR AFFILIATES BE LIABLE TO LICENSEE UNDER ANY CIRCUMSTANCES CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECTPUNITIVE, CONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY INDIRECT OR SPECIAL DAMAGESDAMAGES WHATSOEVER (INCLUDING, INCLUDING WITHOUT LIMITATION ANY LOST BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, COSTS BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND DATA AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE ARTICLESGOODS, MACHINE WORK TECHNOLOGY OR LABOR COSTSSERVICES, ARISING FROM REGARDLESS OF THE SALE, USE OR INSTALLATION BASIS OF ARTICLES, FROM ARTICLES BEING INCORPORATED INTO OR BECOMING A COMPONENT OF ANOTHER ARTICLE, OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER BASED ON WARRANTY THE CLAIM AND EVEN IF MSP360 (EXPRESSED OR IMPLIEDCLOUDBERRY LAB) OR OTHERWISE BASED ON CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, AND REGARDLESS OF ANY ADVICE OR REPRESENTATIONS THAT MAY HAVE A MSP360 (CLOUDBERRY LAB) REPRESENTATIVE HAS BEEN RENDERED BY SELLER CONCERNING THE SALE, USE OR INSTALLATION OF ARTICLES, EVEN IF SELLER IS AWARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. IN NO EVENT SHALL SELLER’S AGGREGATE MSP360 (CLOUDBERRY LAB)'S CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE AMOUNTS FORM OF THE ACTION, WILL BE LIMITED TO NO GREATER THAN THE FEES PAID BY LICENSEE TO SELLER BY BUYER FOR MSP360 (CLOUDBERRY LAB) DURING THE ARTICLES WITHIN THE SIX (6) THREE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO BUYER’S CLAIMTHE CLAIM FOR THE SOFTWARE OR ANY SERVICES (EXCLUDING APPLICABLE TAXES AND PAYMENT FEES) THAT CAUSED THE DAMAGES. TO THE LIMITATIONS EXTENT THAT APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN SHALL MSP360 (CLOUDBERRY LAB)'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. LICENSEE AGREES THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE OR ANY SERVICES BROUGHT BY LICENSEE MUST BE VALID AND ENFORCEABLE NOTWITHSTANDING A FAILURE FILED WITHIN NO LATER THAN SIX (6) MONTHS AFTER SUCH CLAIM OR CAUSE OF ESSENTIAL PURPOSE OF THE LIMITED REMEDY SET FORTH HEREINACTION AROSE OR SUCH CLAIM WILL BE FOREVER BARRED.

Limitation of Remedies and Damages. Seller’s liability and Xxxxx’s sole and exclusive remedy hereunder will be limited to repairNOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, replacement or creditPICUS SECURITY, at Seller’s optionITS AFFILIATES, with respect to Articles found by Seller in its sole discretion to be defective and returned to Seller at Buyer’s expense within 30 days after Xxxxx’s receipt of such Articles. No Articles may be returned without Seller’s express written preauthorization. Seller shall not be liable for a breach of warranty if: (a) the defect arises because Buyer fails to follow Seller’s oral or written instructions as to the storageITS LICENSORS, installation, commissioning, use or maintenance of the Articles; (b) Buyer alters or repairs the Articles without the prior written consent of Seller; or (c) Articles become defective or inoperative due to normal use, accident, misapplication, abuse or misuse. SELLER OR AUTHORIZED PARTNERS WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTALCONSEQUENTIAL, CONSEQUENTIALSPECIAL, PUNITIVE, EXEMPLARY OR SPECIAL INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO CLAIMS FOR LOSS OF DATA, GOODWILL, OPPORTUNITY, REVENUE, PROFITS, COSTS OR USE OF SUBSTITUTE ARTICLESTHE PRODUCTS, MACHINE INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR LABOR COSTSIMPAIRMENT OF OTHER ASSETS, ARISING FROM THE SALEPRIVACY, ACCESS TO OR USE OF ANY ADDRESSES, EXECUTABLES OR INSTALLATION FILES THAT SHOULD HAVE BEEN LOCATED OR BLOCKED, NEGLIGENCE, BREACH OF ARTICLES, FROM ARTICLES BEING INCORPORATED INTO OR BECOMING A COMPONENT OF ANOTHER ARTICLE, OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER BASED ON WARRANTY (EXPRESSED OR IMPLIED) OR OTHERWISE BASED ON CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, OTHERWISE AND REGARDLESS OF ANY ADVICE OR REPRESENTATIONS THAT MAY HAVE BEEN RENDERED BY SELLER CONCERNING THE SALE, USE OR INSTALLATION OF ARTICLESTHIRD PARTY CLAIMS, EVEN IF SELLER IS AWARE PICUS SECURITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SELLERWILL PICUS SECURITY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT RECEIVED BY PICUS SECURITY FOR THE APPLICABLE PRODUCTS OVER THE ONE-YEAR PERIOD PRIOR TO THE EVENT OUT OF WHICH THE CLAIM AROSE FOR THE PRODUCTS THAT DIRECTLY CAUSED THE LIABILITY, OR (B) TEN THOUSAND USD. Warranty Disclaimer THE SERVICE, ITS SOFTWARE COMPONENTS, ITS REPORTS, AND ALL OTHER DELIVERABLES ARE PROVIDED “AS IS,” AND PICUS SECURITY MAKES NO WARRANTY OR GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, ACCURACY, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND AS TO ITS USE OR PERFORMANCE AND DOES NOT WARRANT OR GUARANTEE THAT THE OPERATION OF THE AMOUNTS PAID TO SELLER BY BUYER FOR SOFTWARE WILL BE FAIL-SAFE, UNINTERRUPTED OR FREE FROM ERRORS OR DEFECTS OR THAT THE ARTICLES WITHIN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO BUYER’S CLAIM. THE LIMITATIONS SET FORTH HEREIN SHALL BE VALID AND ENFORCEABLE NOTWITHSTANDING SOFTWARE WILL PROTECT AGAINST ALL POSSIBLE THREATS OR IDENTIFY ALL POSSIBLE CYBER ATTACKS A FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED REMEDY SET FORTH HEREINSECURITY DEVICE MAY OR MAY NOT PROTECT AGAINST.

Limitation of Remedies and Damages. Seller’s liability and Xxxxx’s sole and exclusive remedy hereunder will be limited to repairIN NO EVENT WILL NETWRIX, replacement or creditITS LICENSORS, at Seller’s optionITS AFFILIATES, with respect to Articles found by Seller in its sole discretion to be defective and returned to Seller at Buyer’s expense within 30 days after Xxxxx’s receipt of such Articles. No Articles may be returned without Seller’s express written preauthorization. Seller shall not be liable for a breach of warranty if: (a) the defect arises because Buyer fails to follow Seller’s oral or written instructions as to the storageSUBSIDIARIES, installationOR ANY OF THEIR RESPECTIVE DIRECTORS, commissioningOFFICERS, use or maintenance of the Articles; (b) Buyer alters or repairs the Articles without the prior written consent of Seller; or (c) Articles become defective or inoperative due to normal use, accident, misapplication, abuse or misuse. SELLER WILL NOT EMPLOYEES OR AFFILIATES BE LIABLE TO LICENSEE UNDER ANY CIRCUMSTANCES CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECTPUNITIVE, CONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY INDIRECT OR SPECIAL DAMAGESDAMAGES WHATSOEVER (INCLUDING, INCLUDING WITHOUT LIMITATION ANY LOST BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, COSTS BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND DATA AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE ARTICLESGOODS, MACHINE WORK TECHNOLOGY OR LABOR COSTSSERVICES, ARISING FROM THE SALE, USE OR INSTALLATION OF ARTICLES, FROM ARTICLES BEING INCORPORATED INTO OR BECOMING A COMPONENT OF ANOTHER ARTICLE, OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER BASED ON WARRANTY (EXPRESSED OR IMPLIED) OR OTHERWISE BASED ON CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, AND REGARDLESS OF ANY ADVICE OR REPRESENTATIONS THAT MAY HAVE BEEN RENDERED BY SELLER CONCERNING THE SALE, USE OR INSTALLATION BASIS OF ARTICLES, THE CLAIM AND EVEN IF SELLER IS AWARE NETWRIX OR A NETWRIX REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. IN NO EVENT SHALL SELLER’S AGGREGATE NETWRIX'S CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE AMOUNTS FORM OF THE ACTION, WILL BE LIMITED TO NO GREATER THAN THE FEES PAID BY LICENSEE TO SELLER BY BUYER FOR NETWRIX DURING THE ARTICLES WITHIN THE SIX (6) THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO BUYER’S CLAIMTHE CLAIM FOR THE SOFTWARE OR ANY SERVICES (EXCLUDING APPLICABLE TAXES AND PAYMENT FEES) THAT CAUSED THE DAMAGES. TO THE LIMITATIONS EXTENT THAT APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN SHALL NETWRIX'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. LICENSEE AGREES THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE OR ANY SERVICES BROUGHT BY LICENSEE MUST BE VALID AND ENFORCEABLE NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED REMEDY SET FORTH HEREIN.FILED WITHIN NO LATER THAN SIX

Limitation of Remedies and Damages. Seller’s liability and Xxxxx’s sole and exclusive remedy hereunder will be limited to repairIN NO EVENT WILL MSP360, replacement or creditITS LICENSORS, at Seller’s optionITS AFFILIATES, with respect to Articles found by Seller in its sole discretion to be defective and returned to Seller at Buyer’s expense within 30 days after Xxxxx’s receipt of such Articles. No Articles may be returned without Seller’s express written preauthorization. Seller shall not be liable for a breach of warranty if: (a) the defect arises because Buyer fails to follow Seller’s oral or written instructions as to the storageSUBSIDIARIES, installationOR ANY OF THEIR RESPECTIVE DIRECTORS, commissioningOFFICERS, use or maintenance of the Articles; (b) Buyer alters or repairs the Articles without the prior written consent of Seller; or (c) Articles become defective or inoperative due to normal use, accident, misapplication, abuse or misuse. SELLER WILL NOT EMPLOYEES OR AFFILIATES BE LIABLE TO END USER UNDER ANY CIRCUMSTANCES CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECTPUNITIVE, CONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY INDIRECT OR SPECIAL DAMAGESDAMAGES WHATSOEVER (INCLUDING, INCLUDING WITHOUT LIMITATION ANY LOST BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, COSTS BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND DATA AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE ARTICLESGOODS, MACHINE WORK TECHNOLOGY OR LABOR COSTSSERVICES, ARISING FROM THE SALE, USE OR INSTALLATION OF ARTICLES, FROM ARTICLES BEING INCORPORATED INTO OR BECOMING A COMPONENT OF ANOTHER ARTICLE, OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER BASED ON WARRANTY (EXPRESSED OR IMPLIED) OR OTHERWISE BASED ON CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, AND REGARDLESS OF ANY ADVICE OR REPRESENTATIONS THAT MAY HAVE BEEN RENDERED BY SELLER CONCERNING THE SALE, USE OR INSTALLATION BASIS OF ARTICLES, THE CLAIM AND EVEN IF SELLER IS AWARE MSP360 OR A MSP360 REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. IN NO EVENT SHALL SELLERMSP360’S AGGREGATE CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE AMOUNTS FORM OF THE ACTION, WILL BE LIMITED TO NO GREATER THAN THE FEES PAID BY END USER TO SELLER BY BUYER FOR MSP360 DURING THE ARTICLES WITHIN THE SIX (6) THREE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO BUYER’S CLAIMTHE CLAIM FOR THE SOFTWARE OR ANY SERVICES (EXCLUDING APPLICABLE TAXES AND PAYMENT FEES) THAT CAUSED THE DAMAGES. TO THE LIMITATIONS EXTENT THAT APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN SHALL MSP360’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. END USER AGREES THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE, OR ANY SERVICES BROUGHT BY END USER MUST BE VALID AND ENFORCEABLE NOTWITHSTANDING A FAILURE FILED WITHIN NO LATER THAN SIX (6) MONTHS AFTER SUCH CLAIM OR CAUSE OF ESSENTIAL PURPOSE OF THE LIMITED REMEDY SET FORTH HEREINACTION AROSE OR SUCH CLAIM WILL BE FOREVER BARRED.