Common use of LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES Clause in Contracts

LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to the amount you paid for the software. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to · anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and · claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if · repair, replacement or a refund for the software does not fully compensate you for any losses; or · Microsoft knew or should have known about the possibility of the damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

Appears in 5 contracts

Samples: Microsoft Software License Agreement, Microsoft Software License Terms, Microsoft Software License Agreement

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