Common use of LIMITATIONS OF LIABILITY; EXCLUSIVE REMEDY Clause in Contracts

LIMITATIONS OF LIABILITY; EXCLUSIVE REMEDY. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICE HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS AND/OR FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, HTC’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICE, HTC EQUIPMENT AND ANY SOFTWARE, OR ANY BREACH BY HTC OF ANY OBLIGATION HTC MAY HAVE UNDER THIS AGREEMENT, SHALL BE CUSTOMER’S ABILITY TO TERMINATE THE SERVICE. REGARDLESS OF CAUSE, HTC SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR FOR THE DEGRADATION OR INTERRUPTION OF, ANY SERVICE; FOR ANY LOST DATA OR CONTENT; IDENTIFY THEFT; OR ANY DAMAGE TO CUSTOMER EQUIPMENT, PROPERTY, OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICE. IN NO EVENT SHALL HTC’S LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY CUSTOMER TO ACCESS AND USE THE SERVICE FOR A PERIOD OF THREE MONTHS. CUSTOMER HEREBY RELEASES HTC FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

LIMITATIONS OF LIABILITY; EXCLUSIVE REMEDY. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, CCVN’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICE AND EQUIPMENT, OR ANY BREACH BY CCVN OF ANY OBLIGATION CCVN MAY HAVE UNDER THIS AGREEMENT, SHALL BE CUSTOMER’S ABILITY TO TERMINATE THE SERVICE. CCVN SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF, ANY SERVICES, FOR ANY LOST DATA OR CONTENT, IDENTIFY THEFT, FOR ANY DAMAGE TO CUSTOMER EQUIPMENT REGARDLESS OF CAUSE. CCVN SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. IN NO EVENT SHALL CCVN’S LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY CUSTOMER TO ACCESS AND USE THE SERVICES FOR A PERIOD OF THREE MONTHS. CUSTOMER HEREBY RELEASES CCVN FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. WITHOUT LIMITING ANY EXPRESS PROVISIONS PROVIDED FOR ELSEWHERE IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICE SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS AND/OR FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, HTC’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICE, HTC EQUIPMENT AND ANY SOFTWARE, OR ANY BREACH BY HTC OF ANY OBLIGATION HTC MAY HAVE UNDER THIS AGREEMENT, SHALL BE CUSTOMER’S ABILITY TO TERMINATE THE SERVICE. REGARDLESS OF CAUSE, HTC SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR FOR THE DEGRADATION OR INTERRUPTION OF, ANY SERVICE; FOR ANY LOST DATA OR CONTENT; IDENTIFY THEFT; OR ANY DAMAGE TO CUSTOMER EQUIPMENT, PROPERTY, OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICE. IN NO EVENT SHALL HTC’S LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY CUSTOMER TO ACCESS AND USE THE SERVICE FOR A PERIOD OF THREE MONTHS. CUSTOMER HEREBY RELEASES HTC FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.