Common use of Limitations of Warranties and Liability Clause in Contracts

Limitations of Warranties and Liability. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COMEVO DISCLAIMS ANY AND ALL EXPRESS WARRANTIES. COMEVO WILL NOT BE LIABLE FOR ANY LOSS OF BUSINESS OR PROFITS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SIMILAR DAMAGES, OR, OTHER THAN AS SET FORTH IN THIS AGREEMENT, FOR CLAIMS OF DAMAGES MADE BY ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT WILL COMEVO'S LIABILITY EXCEED THE TOTAL ACTUALLY PAID BY CLIENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, AS DEFINED IN THIS AGREEMENT.

Limitations of Warranties and Liability. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COMEVO DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES. EXCEPT FOR CLAIMS THAT THE APPLICATION INFRINGES THE INTELLECTUAL PROPERTY OF A THIRD PARTY, COMEVO WILL NOT BE LIABLE FOR ANY LOSS OF BUSINESS OR PROFITS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SIMILAR DAMAGES, OR, OTHER THAN EXCEPT AS SET FORTH IN THIS AGREEMENT, FOR CLAIMS OF DAMAGES MADE BY ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT WILL COMEVO'S LIABILITY EXCEED THE TOTAL ACTUALLY PAID BY CLIENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, AS DEFINED IN THIS AGREEMENT.

Limitations of Warranties and Liability. 12.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COMEVO DISCLAIMS NO WARRANTY, WHETHER EXPRESS OR IMPLIED, IS MADE WITH RESPECT TO THE SOFTWARE, SAAS, HARDWARE, SOFTWARE DOCUMENTATION, SAAS DOCUMENTATION OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY AND ALL EXPRESS WARRANTIES. COMEVO WILL NOT BE LIABLE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY LOSS OF BUSINESS OR PROFITSA PARTICULAR PURPOSE, OR NON- INFRINGEMENT. 12.2 EXCEPT FOR MISAPPOPRIATION BY CUSTOMER OF ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OF HAMMER TECHNOLOGIES INC.’S INTELLECTUAL PROPERTY RIGHTS OR SIMILAR DAMAGES, OR, OTHER THAN AS SET FORTH 14 CONFIDENTIALITY (IN THIS AGREEMENTALL CASES, FOR CLAIMS OF DAMAGES MADE BY ANY THIRD WHICH NO LIMIT APPLIES), (I.) WHETHER OR NOT SUCH PARTY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS, NEITHER HAMMER TECHNOLOGIES INC. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION NOR CUSTOMER, NOR ANY OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES OR LICENSORS, SHALL BE LIABLE FOR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, HOWEVER CAUSED, OR OTHERWISE BE LIABLE IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES AND WHETHER SUCH LOSS ARISES OUT OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST OR IN CONNECTION WITH THE USE OF THE SOFTWARE, SAAS, HARDWARE, SERVICES OR OTHERWISE UNDER THIS AGREEMENT. IN NO EVENT WILL COMEVO'S LIABILITY EXCEED THE TOTAL ACTUALLY PAID BY CLIENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, AS DEFINED IN THIS AGREEMENT.; AND

Limitations of Warranties and Liability. 9.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COMEVO DISCLAIMS NO WARRANTY, WHETHER EXPRESS OR IMPLIED, IS MADE WITH RESPECT TO THE SOFTWARE, HARDWARE, SOFTWARE DOCUMENTATION OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY AND ALL EXPRESS WARRANTIES. COMEVO WILL NOT BE LIABLE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY LOSS OF BUSINESS OR PROFITSA PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 9.2 EXCEPT FOR ANY CONSEQUENTIALA BREACH OF SECTIONS 3 SOFTWARE LICENSE GRANT, INCIDENTAL, PUNITIVE4 RESTRICTIONS ON USE, OR SIMILAR DAMAGES, OR, OTHER THAN AS SET FORTH IN THIS AGREEMENT, FOR CLAIMS OF DAMAGES MADE BY ANY THIRD 11 (I.) WHETHER OR NOT SUCH PARTY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION LOSS, NEITHER EMPIRIX NOR CUSTOMER, NOR ANY OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES OR LICENSORS, SHALL BE LIABLE FOR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, HOWEVER CAUSED, OR OTHERWISE BE LIABLE IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES AND WHETHER SUCH LOSS ARISES OUT OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST OR IN CONNECTION WITH THE USE OF THE SOFTWARE, HARDWARE, SERVICES OR OTHERWISE UNDER THIS AGREEMENT. IN NO EVENT WILL COMEVO'S LIABILITY EXCEED THE TOTAL ACTUALLY PAID BY CLIENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, AS DEFINED IN THIS AGREEMENT.; AND