Common use of LIMITATION OF REMEDY AND LIABILITY Clause in Contracts

LIMITATION OF REMEDY AND LIABILITY. During the Warranty Period, in the event of any breach of the warranty, Licensor’s (and its suppliers), entire liability and Licensee’s exclusive remedy will be, at Licensor’s option, to either repair or replace the defective Software. Licensor's liability for any damages is limited to malicious intent and gross negligence, including lost profits, lost data or other indirect or subsequent damage arising from the use of the Software or non- use of the Software or the supplied data. Licensor’s liability for damages hereunder shall in no event exceed the amount of license fees that licensee has paid. This limitation of liability does not apply to cardinal obligations or liability for any product damages under the German Product Liability Act.

LIMITATION OF REMEDY AND LIABILITY. During the Warranty Period, in the event of any breach of the warranty, Licensor’s (and its suppliers), entire liability and Licensee’s exclusive remedy will be, at Licensor’s option, to either repair or replace the defective Software. Licensor's liability for any damages is limited to malicious intent and gross negligence, including lost profits, lost data or other indirect or subsequent damage arising from the use of the Software or non- use of the Software or the supplied data. Licensor’s liability for damages hereunder shall in no event exceed the amount of license fees that licensee has paid. This limitation of liability does not apply to cardinal obligations or liability for any product damages under the German Product Liability Act.