Common use of Limitation on Direct Damages Clause in Contracts

Limitation on Direct Damages. EXCEPT FOR DAMAGES CAUSED BY FRAUD, INTENTIONAL MISREPRESENTATION, A BREACH OF A PARTY’S CONFIDENTIALITY OBLIGATIONS, OR INFRINGEMENT CLAIMS UNDER SECTION 5 HEREOF, IN NO EVENT SHALL EITHER PARTY’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT OR RELATING TO THE SUBJECT MATTER HEREOF FOR ALL CLAIMS, COSTS, LOSSES, AND DAMAGES EXCEED THE AMOUNT PAID OR PAYABLE IN THE PRECEDING TWELVE MONTH PERIOD BY LICENSEE TO PERFORCE PURSUANT TO THIS AGREEMENT FOR THE SOFTWARE.

Limitation on Direct Damages. EXCEPT FOR DAMAGES CAUSED BY FRAUD, INTENTIONAL MISREPRESENTATION, A BREACH OF A PARTY’S CONFIDENTIALITY OBLIGATIONS, OR INFRINGEMENT CLAIMS UNDER SECTION 5 HEREOF, IN NO EVENT SHALL EITHER PARTY’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT OR RELATING TO THE SUBJECT MATTER HEREOF FOR ALL CLAIMS, COSTS, LOSSES, AND DAMAGES EXCEED THE AMOUNT PAID OR PAYABLE IN THE PRECEDING TWELVE MONTH PERIOD BY LICENSEE TO PERFORCE PRL PURSUANT TO THIS AGREEMENT FOR THE SOFTWARE.