Common use of Limitation on Indirect Liability Clause in Contracts

Limitation on Indirect Liability. LICENSOR, ITS AFFILIATES AND RESELLERS, WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, LOSS OF PROFITS OR SAVINGS, LOSS OR CURRUPTION OF DATA, OR LOSS OR INTERRUPTION OF BUSINESS), EVEN IF LICENSOR, ITS AFFILIATES OR THE APPLICABLE RESELLER KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF, THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY AS A REMEDY. FURTHER, LICENSOR, ITS AFFILIATES AND RESELLERS WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) LICENSEE'S INABILITY TO USE THE TECHNOLOGY; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY LICENSEE IN CONNECTION WITH THIS AGREEMENT OR LICENSEE'S EXERCISE OF THE LICENSE; OR (D) ANY UNAUTHORIZED ACCESS OR DAMAGE TO, OR ALTERATION, DELETION, DESTRUCTION, LOSS OR FAILURE TO STORE ANY OF, LICENSEE INFORMATION OR OTHER DATA.

Limitation on Indirect Liability. LICENSOR, ITS AFFILIATES AND RESELLERS, WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, LOSS OF PROFITS OR SAVINGS, LOSS OR CURRUPTION OF DATA, OR LOSS OR INTERRUPTION OF BUSINESS), EVEN IF LICENSOR, ITS AFFILIATES OR THE APPLICABLE RESELLER KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF, THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY AS A REMEDY. FURTHER, LICENSOR, ITS AFFILIATES AND RESELLERS WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: : (A) LICENSEE'S INABILITY TO USE THE TECHNOLOGY; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY LICENSEE IN CONNECTION WITH THIS AGREEMENT OR LICENSEE'S EXERCISE OF THE LICENSE; OR (D) ANY UNAUTHORIZED ACCESS OR DAMAGE TO, OR ALTERATION, DELETION, DESTRUCTION, LOSS OR FAILURE TO STORE ANY OF, LICENSEE INFORMATION OR OTHER DATA.

Limitation on Indirect Liability. LICENSOR, ITS AFFILIATES AND RESELLERS, WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, LOSS OF PROFITS OR SAVINGS, LOSS OR CURRUPTION OF DATA, OR LOSS OR INTERRUPTION OF BUSINESS), EVEN IF LICENSOR, ITS AFFILIATES OR THE APPLICABLE RESELLER KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF, THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY AS A REMEDY. FURTHER, LICENSOR, ITS AFFILIATES AND RESELLERS WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: : (A) LICENSEE'S ’S INABILITY TO USE THE TECHNOLOGY; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY LICENSEE IN CONNECTION WITH THIS AGREEMENT OR LICENSEE'S ’S EXERCISE OF THE LICENSE; OR (D) ANY UNAUTHORIZED ACCESS OR DAMAGE TO, OR ALTERATION, DELETION, DESTRUCTION, LOSS OR FAILURE TO STORE ANY OF, LICENSEE INFORMATION OR OTHER DATA.

Limitation on Indirect Liability. LICENSOR, ITS AFFILIATES AND RESELLERS, THE COMPANY WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR ANY LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES (CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUESLOST PROFITS, LOSS OF PROFITS OR SAVINGSDATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, PERSONAL INJURY OR CURRUPTION PROPERTY DAMAGE, OF DATAANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR LOSS OR INTERRUPTION USE OF BUSINESS), OUR SERVICES EVEN IF LICENSOR, ITS AFFILIATES THE COMPANY KNEW OR THE APPLICABLE RESELLER KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF, THAT SUCH DAMAGES WERE POSSIBLE POSSIBLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY AND EVEN IF DIRECT DAMAGES DO A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Limitation on Amount of Liability. THE COMPANY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT SATISFY AS A REMEDY. FURTHER, LICENSOR, ITS AFFILIATES AND RESELLERS WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: EXCEED THE GREATER OF (A) LICENSEE'S INABILITY TO USE THE TECHNOLOGY; (BI) THE COST AMOUNT OF PROCUREMENT FEES COLLECTED BY THE COMPANY IN RESPECT OF SUBSTITUTE GOODS OR SERVICES; (CTRANSACTIONS TO WHICH THE USER MAKING THE CLAIM(S) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY LICENSEE IN CONNECTION WITH THIS AGREEMENT OR LICENSEE'S EXERCISE OF HEREUNDER WAS A PARTY DURING THE LICENSETWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY; OR (DII) ANY UNAUTHORIZED ACCESS OR DAMAGE TO, OR ALTERATION, DELETION, DESTRUCTION, LOSS OR FAILURE TO STORE ANY OF, LICENSEE INFORMATION OR OTHER DATA$100. THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND USER.

Limitation on Indirect Liability. LICENSORTO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR EMBEDSPACE OR CUSTOMER'S INDEMNIFICATION OBLIGATIONS, NEITHER CUSTOMER NOR EMBEDSPACE AND ITS AFFILIATES AND RESELLERSLICENSORS , SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, LOSS OF PROFITS OR SAVINGS, LOSS OR CURRUPTION OF DATA, OR LOSS OR INTERRUPTION OF BUSINESS), EVEN IF LICENSOR, ITS AFFILIATES OR THE APPLICABLE RESELLER KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF, THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY AS A REMEDY. FURTHER, LICENSOR, ITS AFFILIATES AND RESELLERS WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) LICENSEE'S INABILITY TO USE THE TECHNOLOGY; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY LICENSEE IN CONNECTION WITH THIS AGREEMENT OR LICENSEE'S EXERCISE ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (A) LOSS OF USE, DATA, BUSINESS, REVENUES OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT) OR DIMINUTION IN VALUE; (B) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE LICENSE; SERVICES, OTHER THAN FOR THE ISSUANCE OF ANY APPLICABLE SERVICE CREDITS, (C) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY, OR (D) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY UNAUTHORIZED ACCESS OR DAMAGE TO, OR ALTERATION, DELETION, DESTRUCTION, LOSS OR FAILURE TO STORE ANY OF, LICENSEE INFORMATION AGREED OR OTHER DATAREMEDY OF ITS ESSENTIAL PURPOSE.