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

LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from the application publisher only direct damages up to the amount you paid for the application or USD$1.00, whichever is greater. Subject to applicable law, you will not, and waive any right to, seek to recover any other damages, including consequential, lost profits, special, indirect or incidental damages from the application publisher. If your local laws impose a warranty, guarantee or condition even though these terms do not, subject to applicable law, its duration is limited to 90-days from when you download the application. This limitation applies to: Anything related to the application or services made available through the application; and Claims for breach of contract, warranty, guarantee or condition; strict liability, negligence, or other tort; violation of a statute or regulation; unjust enrichment; or under any other theory; all to the extent permitted by applicable law. It also applies even if: This remedy doesn't fully compensate you for any losses; or The application publisher knew or should have known about the possibility of the damages.