Common use of Limitation of Remedies; Indemnification and Damages Clause in Contracts

Limitation of Remedies; Indemnification and Damages. 9.1 BUT FOR: EITHER PARTY’S BREACH OF SECTION 10 (CONFIDENTIAL INFORMATION), OR YOUR BREACH OF SECTION 3.9 (LICENSE RESTRICTIONS), 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 OR COSTS OF COVER), 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. 9.2 BUT FOR: EITHER PARTY’S BREACH OF SECTION 10 (CONFIDENTIAL INFORMATION), OR YOUR BREACH OF SECTION 3.9 (LICENSE RESTRICTIONS), BOTH PARTIES’ ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE SOFTWARE LICENSE FEES PAID BY YOU FOR THE SOFTWARE OR THE FEES PAID OR OWED BY YOU FOR THE SERVICE DIRECTLY CAUSING THE DAMAGES. 9.3 The parties agree that the limitations specified in this Section 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; Indemnification and Damages. 9.1 BUT FOR: EITHER PARTY’S BREACH OF SECTION 10 (CONFIDENTIAL INFORMATION), OR YOUR BREACH OF SECTION 3.9 (LICENSE RESTRICTIONS), 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 OR COSTS OF COVER), 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. 9.2 BUT FOR: EITHER PARTY’S BREACH 8.2 NOTWITHSTANDING ANY OTHER PROVISION OF SECTION 10 (CONFIDENTIAL INFORMATION)THIS AGREEMENT, OR YOUR BREACH OF SECTION 3.9 (LICENSE RESTRICTIONS), BOTH PARTIESSCOTFY AND ITS SUPPLIERS’ ENTIRE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE SOFTWARE LICENSE FEES AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR THE FEES PAID OR OWED BY YOU FOR THE SERVICE DIRECTLY CAUSING THE DAMAGESTO SCOTFY UNDER THIS AGREEMENT. 9.3 8.3 The parties agree that the limitations specified in this Section 9 10 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; Indemnification and Damages. 9.1 10.1 BUT FOR: (A), EITHER PARTY’S BREACH OF SECTION 10 11 (CONFIDENTIAL INFORMATION), OR (B) YOUR BREACH OF SECTION 3.9 3.5 (LICENSE RESTRICTIONS) OR SECTION 12 (EXPORT COMPLIANCE), OR (C) YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 10.5, 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 OR COSTS OF COVER), 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. 9.2 10.2 BUT FOR: (A) EITHER PARTY’S BREACH OF SECTION 10 11 (CONFIDENTIAL INFORMATION), OR (B) YOUR BREACH OF SECTION 3.9 3.5 (LICENSE RESTRICTIONS), BOTH PARTIES’ OR SECTION 12 (EXPORT COMPLIANCE), OR (C) YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 10.5, EACH PARTY’S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE SOFTWARE LICENSE FEES PAID BY YOU FOR THE SOFTWARE OR THE FEES PAID OR OWED BY YOU FOR UNDER THIS AGREEMENT DURING THE SERVICE DIRECTLY CAUSING TWELVE MONTHS PRECEDING THE DAMAGESCLAIM. 9.3 10.3 The parties agree that the limitations specified in this Section 9 10 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; Indemnification and Damages. 9.1 8.1. BUT FOR: (A) EITHER PARTY’S BREACH OF SECTION 10 9.1 (USE OF CONFIDENTIAL INFORMATION), OR (B) YOUR BREACH OF SECTION 3.9 2.2 (LICENSE RESTRICTIONS), OR (B) DAMAGES ARISING OUT USE OF THE PLATFORM, 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 OR COSTS OF COVER), 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. 9.2 8.2. BUT FOR: (A) EITHER PARTY’S BREACH OF SECTION 10 9.1 (USE OF CONFIDENTIAL INFORMATION), OR (B) YOUR BREACH OF SECTION 3.9 2.2 (LICENSE RESTRICTIONS), BOTH PARTIES’ . EACH PARTY’S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE SOFTWARE LICENSE FEES PAID BY YOU FOR THE SOFTWARE OR THE GREATER OF (I) FEES PAID OR OWED BY YOU UNDER THIS AGREEMENT DURING THE TWELVE MONTHS PRECEDING THE CLAIM, OR (II) US$10,000. IN THE CASE WHERE NO AMOUNT WAS PAID FOR THE SOFTWARE OR SERVICE DIRECTLY CAUSING GIVING RISE TO THE DAMAGESCLAIM, HATCH AND ITS LICENSORS’ ENTIRE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED USD$100. 9.3 8.3. The parties agree that the limitations specified in this Section 9 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; Indemnification and Damages. 9.1 BUT FOR: (1) ZYNBIT’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 9.4, (2) EITHER PARTY’S BREACH OF SECTION 10 (CONFIDENTIAL INFORMATION), OR YOUR BREACH (3) DAMAGES INCURRED BY A PARTY AS A RESULT OF SECTION 3.9 (LICENSE RESTRICTIONS)THE OTHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, 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 OR COSTS OF COVER), 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. 9.2 BUT FOR: (1) ZYNBIT’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 9.4, (2) EITHER PARTY’S BREACH OF SECTION 10 (CONFIDENTIAL INFORMATION), (3) DAMAGES INCURRED BY A PARTY AS A RESULT OF THE OTHER PARTY’S GROSS NEGLIGENCE OR YOUR WILLFUL MISCONDUCT; (4) LICENSOR’S WARRANTIES OBLIGATIONS HEREUNDER, OR (5) CUSTOMER’S BREACH OF SECTION 3.9 3.5 (LICENSE RESTRICTIONS), BOTH PARTIES’ ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE SOFTWARE AGGREGATE OF THREE (3) TIMES THE TOTAL LICENSE FEES PAID BY YOU FOR THE SOFTWARE OR THE FEES AND SUPPORT FEE PAID OR OWED BY YOU FOR THE SERVICE DIRECTLY CAUSING THE DAMAGESPAYABLE UNDER THIS AGREEMENT. 9.3 The parties agree that the limitations specified in this Section 9 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.