Common use of Limitation on Direct Damages Clause in Contracts

Limitation on Direct Damages. Except for Customer’s obligations to pay for Service Offering, Customer’s violation of the restrictions on use of the Service Offering or NetWitness’ or its Affiliates’ intellectual property rights, or a party’s indemnity obligation stated in the Section above titled “Indemnification”, and any other liability that cannot be excluded or limited by the applicable law, each party’s total liability arising out of any Dispute or any matter under this Agreement, is limited to the amount Customer paid to NetWitness during the twelve months before the date that the matter or Dispute arose for the Service Offering that is the subject of the Dispute, but excluding amounts received as reimbursement of expenses or payment of taxes.

Appears in 3 contracts

Samples: Terms of Service, Terms of Service, Terms of Service

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Limitation on Direct Damages. Except for Customer’s obligations to pay for Service Offeringproducts and services, Customer’s violation of the restrictions on use of the Service Offering products and services or NetWitness’ RedSeal’s or its Affiliates’ intellectual property rights, or a party’s indemnity obligation stated in the Section above titled “IndemnificationIndemnity”, and any other liability that cannot be excluded or limited by the applicable law, each party’s total liability arising out of any Dispute or any matter under this Agreement, is limited to the amount Customer paid to NetWitness RedSeal during the twelve months before the date that the matter or Dispute arose for the Service Offering product, services, or both that is are the subject of the Dispute, but excluding amounts received as reimbursement of expenses or payment of taxes.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limitation on Direct Damages. Except for Customer’s obligations to pay for Service Offering, Customer’s violation of the restrictions on use of the Service Offering or NetWitness’ RedSeal’s or its Affiliates’ intellectual property rights, or a party’s indemnity obligation stated in the Section above titled “Indemnification”, and any other liability that cannot be excluded or limited by the applicable law, each party’s total liability arising out of any Dispute or any matter under this Agreement, is limited to the amount Customer paid to NetWitness RedSeal during the twelve months before the date that the matter or Dispute arose for the Service Offering that is the subject of the Dispute, but excluding amounts received as reimbursement of expenses or payment of taxes.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

Limitation on Direct Damages. Except for Customer’s obligations to pay for Service Offering, Customer’s violation of the restrictions on use of the Service Offering or NetWitness’ or its Affiliates’ intellectual property rights, or a party’s indemnity obligation stated in the Section above titled “Indemnification”, and any other liability that cannot be excluded or limited by the applicable law, each party’s total liability arising out of any Dispute or any matter under this Agreement, is limited to the amount Customer paid to paidto NetWitness during the twelve months before the date that the matter or Dispute arose for the Service Offering that is the subject of the Dispute, but excluding amounts received as reimbursement of expenses or payment of taxes.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

Limitation on Direct Damages. Except for Customer’s obligations to pay for Service Offering, Customer’s violation of the restrictions on use of the Service Offering or NetWitness’ SecurID’s or its Affiliates’ intellectual property rights, or a party’s indemnity obligation stated in the Section above titled “Indemnification”, and any other liability that cannot be excluded or limited by the applicable law, each party’s total liability arising out of any Dispute or any matter under this Agreement, is limited to the amount Customer paid to NetWitness SecurID during the twelve months before the date that the matter or Dispute arose for the Service Offering that is the subject of the Dispute, but excluding amounts received as reimbursement of expenses or payment of taxes.

Appears in 1 contract

Samples: Terms of Service

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Limitation on Direct Damages. Except for Customer’s obligations to pay for Service Offering, Customer’s violation of the restrictions on use of the Service Offering or NetWitness’ Service Provider’s or its Affiliates’ intellectual property rights, or a party’s indemnity obligation stated in the Section above titled “Indemnification”, and any other liability that cannot be excluded or limited by the applicable law, each party’s total liability arising out of any Dispute or any matter under this AgreementCSA, is limited to the amount Customer paid to NetWitness Service Provider during the twelve months before the date that the matter or Dispute arose for the Service Offering that is the subject of the Dispute, but excluding amounts received as reimbursement of expenses or payment of taxes.

Appears in 1 contract

Samples: Terms of Service

Limitation on Direct Damages. Except for Customer’s obligations to pay for Service Offeringproducts and services, Customer’s violation of the restrictions on use of the Service Offering products and services or NetWitness’ or its Affiliates’ intellectual property rights, or a party’s indemnity obligation stated in the Section above titled “IndemnificationIndemnity”, and any other liability that cannot be excluded or limited by the applicable law, each party’s total liability arising out of any Dispute or any matter under this Agreement, is limited to the amount Customer paid to NetWitness during the twelve months before the date that the matter or Dispute arose for the Service Offering product, services, or both that is are the subject of the Dispute, but excluding amounts received as reimbursement of expenses or payment of taxes.

Appears in 1 contract

Samples: End User License Agreement

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