Common use of LIMITATION OF REMEDIES AND LIABILITY Clause in Contracts

LIMITATION OF REMEDIES AND LIABILITY. To the maximum extent permitted by applicable law, the remedies described below are accepted by you as your only remedies. XXXX's entire liability and your exclusive remedies shall be: If the Program does not substantially perform the functions or generally conform to the Program's specifications published by SOTI, you may within 30 days of delivery write to SOTI to report a significant defect. If SOTI is unable to correct the defect within 90 days of receiving your report, you may terminate your license and this agreement by returning the Program with the original receipt and your money will be refunded. To the maximum extent permitted by applicable law, in no event will SOTI be liable to you for any damages, including lost profits, lost savings, or other incidental or consequential damages, arising out of the use or inability to use the Program, even if SOTI or a dealer authorized by XXXX had been advised of the possibility of such damages. In any case SOTI's entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws.

LIMITATION OF REMEDIES AND LIABILITY. To the maximum extent permitted by applicable law, the remedies described below are accepted by you as your only remedies. XXXX's entire liability and your exclusive remedies shall be: If the Program does not substantially perform the functions or generally conform to the Program's specifications published by SOTI, you may within 30 days of delivery write to SOTI to report a significant defect. If SOTI is unable to correct the defect within 90 days of receiving your report, you may terminate your license and this agreement by returning the Program with the original receipt and your money will be refunded. To the maximum extent permitted by applicable law, in no event will SOTI be liable to you for any damages, including lost profits, lost savings, or other incidental or consequential costs or damages, including costs associated with data usage over communication networks (e.g. cellular), arising out of the use or inability to use the Program, even if SOTI or a dealer authorized by XXXX had been advised of the possibility of such damages. In any case SOTI's entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws.