Limitation on All Damages. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 1.5 AND 3.6, IN NO EVENT SHALL EITHER PARTY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY CUSTOMER TO KNIME UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACT OR OMISSION GIVING RISE TO THE CLAIM OR LIABILITY. THE FOREGOING SHALL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER SECTION 3.
Limitation on All Damages. EXCEPT FOR A BREACH OF SECTIONS 1.4, 1.5, 1.6 or 6.1, IN NO EVENT SHALL EITHER PARTY’S LIABILITY ARRISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER IN CONTRACT, TORTS, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE, THE LESSOR OF THE TOTAL AMOUNT PAYABLE TO LINQ UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACT OR GIVING RISE TO THE LIABILITY OR TWENTY FIVE THOUSAND DOLLARS ($25,000). THE FOREGOING SHALL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER SECTION 4.
Limitation on All Damages. EXCEPT FOR A BREACH BY CUSTOMER OF SECTION 1.5 AND 2.4, AND CUSTOMER’S OBLIGATIONS TO PAY FEES UNDER ANY ORDER ISSUED UNDER THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAYABLE BY CUSTOMER TO ACALVIO UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACT OR OMISSION GIVING RISE TO THE LIABILITY.
Limitation on All Damages. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EITHER PARTY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE 100% OF THE FEES PAID OR PAYABLE UNDER THE RELEVANT ORDER FORM GIVING RISE TO SUCH LIABILITY FOR THE TWELVE (12) MONTHS PRECEDING ANY CLAIM. THE FOREGOING SHALL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS FOR ACCESS TO THE FORGEROCK IDENTITY CLOUD AND IDENTITIES.
Limitation on All Damages. TO THE EXTENT NOT PROHIBITED BY LAW, EXCEPT FOR EITHER PARTY’S BREACH OF SECTION 7 (CONFIDENTIALITY) AND RESELLER’S LIABILITY ARISING UNDER SECTION 2 (LICENSE GRANT AND RESTRICTIONS), IN NO EVENT SHALL EITHER PARTY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE 100% OF THE FEES PAID IN CONNECTION WITH THE RELEVANT ORDER FORM WHICH GAVE RISE TO THE DISPUTE. THE FOREGOING SHALL NOT LIMIT RESELLER’S PAYMENT OBLIGATIONS FOR ITS IDENTITY LICENSES.
Limitation on All Damages. TO THE EXTENT NOT PROHIBITED BY LAW, EXCEPT AS SET FORTH IN SECTION 9.1 (EXCLUSION FROM LIMITATION), IN NO EVENT SHALL EITHER PARTY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE 100% OF THE FEES PAID IN CONNECTION WITH THE RELEVANT ORDER FORM WHICH GAVE RISE TO THE DISPUTE. THE FOREGOING SHALL NOT LIMIT PARTNER’S PAYMENT OBLIGATIONS FOR ITS IDENTITY LICENSES.
Limitation on All Damages. TO THE EXTENT NOT PROHIBITED BY LAW, EXCEPT FOR EITHER PARTY’S BREACH OF SECTION 7 (CONFIDENTIALITY) OR 2nd-TIER RESELLER’S LIBABILITY ARISING UNDER SECTION 2 (LICENSE GRANT AND RESTRICTIONS), IN NO EVENT SHALL EITHER PARTY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE 100% OF THE FEES PAID OR TO BE PAID BY 2nd-TIER RESELLER FOR THE SOFTWARE AND SERVICES IN THE 12 MONTHS PRECEDING THE INCIDENT WHICH GAVE RISE TO THE DISPUTE. THE FOREGOING SHALL NOT LIMIT 2nd-TIER RESELLER’S PAYMENT OBLIGATIONS FOR ITS IDENTITY LICENSES.
Limitation on All Damages. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EITHER PARTY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE 100% OF THE FEES PAID IN CONNECTION WITH THE RELEVANT ORDER FORM WHICH GAVE RISE TO THE DISPUTE. THE FOREGOING SHALL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS FOR ACCESS TO THE FORGEROCK IDENTITY CLOUD AND IDENTITIES.
Limitation on All Damages. Except for Company’s breach of Sections 1.7, 6.1 and 6.2, in no event shall either party’s liability arising out of or related to this Agreement whether in contract, tort or under any other theory of liability, exceed in the aggregate the total amount paid by Company to ProTracker Software under this Agreement during the twelve (12) months immediately preceding the act or omission giving rise to the liability. The foregoing shall not limit Company’s payment obligations under Section 4.
Limitation on All Damages. EXCEPT FOR EITHER PARTY’S BREACH OF SECTION 7 (CONFIDENTIALITY) AND COMPANY’S BREACH OF SECTION 2.4 (RESTRICTIONS), IN NO EVENT SHALL EITHER PARTY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE OF 50% OF THE FEES PAID IN CONNECTION WITH THE RELEVANT ORDER FORM WHICH GAVE RISE TO THE DISPUTE. THE FOREGOING SHALL NOT LIMIT COMPANY’S PAYMENT OBLIGATIONS FOR ITS SUBSCRIPTION USER ACCOUNTS.
