No Indirect Damages. No Participant shall be liable to any other Participant for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, regardless of whether such liability arises from a claim based in contract, warranty, tort or otherwise, provided such damage was not caused by a wilful act, gross negligence or by a breach of confidentiality.
No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
No Indirect Damages. In no event will either party be liable for indirect, incidental, special, punitive, or consequential damages, or loss of use, loss of profits, or interruption of business, however caused or on any theory of liability.
No Indirect Damages. Except for Customer’s payment obligations and violation of RSA’s or its Affiliates’ intellectual property rights, neither RSA nor Customer has liability to the other for special, consequential, exemplary, punitive, incidental, or indirect damages, or for lost profits, loss of revenue, loss or corruption of data, or loss of use, or procurement of substitute products or services.
No Indirect Damages. Notwithstanding anything contained herein, in no event shall any party hereto be responsible or liable for special, indirect, or consequential loss or damage of any kind whatsoever (including, but not limited to, loss of profit) irrespective of whether such party has been advised of the likelihood of such loss or damage and regardless of the form of action.
No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITY, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
No Indirect Damages. Except for Customer’s payment obligations and violation of RSA’s or its Affiliates’ intellectual property rights, neither RSA nor Customer has liability to the other for special, consequential, exemplary, punitive, incidental, or indirect damages, or for lost profits, loss of revenue, loss or corruption of data, or loss of use, or procurement of substitute products or services.
B. Regular Back-ups. Customer is solely responsible for its data. Customer must back up its data before RSA performs any remedial, upgrade, or other work on Customer’s production systems. If applicable law prohibits exclusion of liability for lost data, then RSA will only be liable for the cost of the typical effort to recover the lost data from Customer’s last available back-up.
No Indirect Damages. Except for Customer’s payment obligations and violation of RedSeal’s or its Affiliates’ intellectual property rights, neither RedSeal nor Customer has liability to the other for special, consequential, exemplary, punitive, incidental, or indirect damages, or for lost profits, loss of revenue, loss or corruption of data, or loss of use, or procurement of substitute products or services.
No Indirect Damages. Except for Customer’s payment obligations and violation of NetWitness’ or its Affiliates’ intellectual property rights, neither NetWitness nor Customer has liability to the other for loss of use of the Service Offering, or loss, damage, or corruption of content or data for any reason including power outages, system failures, or other interruptions (subject to NetWitness’ obligations under the applicable Service Level Agreement), or for special, consequential, exemplary, punitive, incidental, or indirect damages, or for lost profits, loss of revenue, loss or corruption of data, or loss of use, or procurement of substitute products or services.
No Indirect Damages. EXCEPT FOR THE EXCLUSIONS IN SEC. 13.3, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES REGARDLESS OF THE NATURE OF THE CLAIM. THIS PROHIBITION ON INDIRECT DAMAGES SHALL INCLUDE, BUT NOT BE LIMITED TO, CLAIMS BASED ON LOST PROFITS, COST OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COST OF LOST, STOLEN OR DAMAGED DATA AND OF RESTORING SUCH DATA, COMPUTER OR SYSTEM FAILURE OR DISRUPTION, COSTS OF COVER, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL OR LIABILITIES TO ANY THIRD PARTIES EVEN IF SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
