Common use of Limitation of Remedies and Damages Clause in Contracts

Limitation of Remedies and Damages. 8.1 NEITHER PARTY SHALL BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. 8.2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NT’S AND ITS SUPPLIERS’ ENTIRE LIABILITY TO CUSTOMER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO NT UNDER THIS AGREEMENT. 8.3 THIS SECTION 8 SHALL NOT APPLY TO CUSTOMER WITH RESPECT TO ANY CLAIM ARISING UNDER THE SECTIONS TITLED “GRANT OF LICENSE,” “LICENSE RESTRICTIONS” OR “CONFIDENTIAL INFORMATION”. 8.4 The parties agree that the limitations specified in this Section 8 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Limitation of Remedies and Damages. 8.1 9.1. EXCEPT FOR A BREACH OF A PARTY’S INDEMNIFICATION OBLIGATIONS OR A CLAIM BY ONE PARTY AGAINST THE OTHER RELATING TO SUCH PARTY’S INTELLECTUAL PROPERTY RIGHTS (COLLECTIVELY, THE “EXCLUDED CLAIMS”), NEITHER PARTY SHALL BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. 8.2 9.2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NTEXCEPT FOR THE EXCLUDED CLAIMS, EACH PARTY’S AND ITS SUPPLIERS’ ENTIRE LIABILITY TO CUSTOMER THE OTHER PARTY SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO NT UNDER THIS AGREEMENT. 8.3 THIS SECTION 8 SHALL NOT APPLY TO CUSTOMER LICENSEE (OR WITH RESPECT TO ANY CLAIM ARISING UNDER FEES DUE, PAYABLE) TO FLEXERA SOFTWARE DURING THE SECTIONS TITLED “GRANT OF LICENSE,” “LICENSE RESTRICTIONS” OR “CONFIDENTIAL INFORMATION”12 MONTH PERIOD PRECEDING A CLAIM. 8.4 9.3. The parties agree that the limitations specified in this Section 8 9 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Limitation of Remedies and Damages. 8.1 NEITHER PARTY SHALL BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. 8.2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NTCFENGINE’S AND ITS SUPPLIERS’ ENTIRE LIABILITY TO CUSTOMER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO NT CFENGINE UNDER THIS AGREEMENT. 8.3 THIS SECTION 8 SHALL NOT APPLY TO CUSTOMER WITH RESPECT TO ANY CLAIM ARISING UNDER THE SECTIONS TITLED “GRANT OF LICENSE,” “LICENSE RESTRICTIONS” OR “CONFIDENTIAL INFORMATION”. 8.4 The parties agree that the limitations specified in this Section 8 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Limitation of Remedies and Damages. 8.1 9.1 NEITHER PARTY YOU NOR APPLANIX (INCLUDING APPLANIX’S SUPPLIERS) SHALL BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. 8.2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NT’S AND ITS SUPPLIERS’ ENTIRE LIABILITY TO CUSTOMER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO NT UNDER THIS AGREEMENT. 8.3 . THIS SECTION 8 9.1 SHALL NOT APPLY TO CUSTOMER YOU WITH RESPECT TO ANY CLAIM ARISING UNDER THE SECTIONS TITLED “GRANT OF LICENSE,” “LICENSE RESTRICTIONS” OR “CONFIDENTIAL INFORMATION”. 8.4 9.2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, APPLANIX AND ITS SUPPLIERS’ ENTIRE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO APPLANIX UNDER THIS AGREEMENT. 9.3 The parties agree that the limitations specified in this Section 8 9 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.