No Liability for Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY NOR THEIR AFFILIATES, SUPPLIERS OR CONTRACTORS WILL BE LIABLE FOR ANY INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES, DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), ARISING IN CONNECTION WITH THIS AGREEMENT, ANY STATEMENT OF SERVICES, SERVICES, SERVICE DELIVERABLES, FIXES, PRODUCTS, OR ANY OTHER MATERIALS OR INFORMATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. THIS EXCLUSION OF LIABILITY DOES NOT APPLY TO EITHER PARTY’S LIABILITY TO THE OTHER FOR VIOLATION OF ITS CONFIDENTIALITY OBLIGATION, REDISTRIBUTION OR OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.
No Liability for Certain Damages. NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF PRODUCTS OR SERVICES UNDER A SCHEDULE, OR THE FOLLOWING WHETHER CHARACTERIZED AS DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES: LOST PROFITS, ANTICIPATED OR LOST REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, MISAPPROPRIATION OF PERSONAL INFORMATION STORED ON PRODUCTS, LOSS OF USE OF ANY INFORMATION SYSTEM, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, OR ANY THIRD PARTY CLAIM, WHETHER ARISING IN TORT, OR CONTRACT LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. BELL AND THE BELL PROVIDERS ARE NOT LIABLE FOR, AND CUSTOMER SHALL BE LIABLE FOR (I) THE USE OF THE PRODUCTS OR SERVICES PROVIDED BY BELL IN COMBINATION WITH SERVICES, PRODUCTS OR EQUIPMENT PROVIDED BY THE CUSTOMER OR ANY THIRD PARTIES, (II) THE FAILURE BY THE CUSTOMER TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, (III) CUSTOMER'S OR ANY OF ITS END USER'S USE OR MODIFICATION OF THE PRODUCTS OR SERVICES OR TRANSMISSION OF CONTENT (AS DEFINED IN SECTION 10, OR (IV) CLAIMS AGAINST BELL OR A BELL PROVIDER BY AN END USER IN CONNECTION WITH THE PRODUCTS OR SERVICES.
No Liability for Certain Damages. To the maximum extent permitted by applicable law, neither you or Microsoft, nor the parties' respective Affiliates or suppliers, will be legally responsible for any indirect damages (including, without limitation, consequential, special, punitive or incidental damages, damages for loss of profits or revenues, loss of privacy, business interruption, or loss of business information), arising out of the use of or inability to use the Software Products, or otherwise under or in connection with this Agreement, even if advised of the possibility of such damages or if such possibility was reasonably foreseeable. The exclusion of liability in this Section 13(b) does not apply to either party's liability to the other for violation of the other party's intellectual property rights.
No Liability for Certain Damages. Except as otherwise provided in this Agreement, including sections 11, 13,15, and 16, neither party is liable to the other for special, indirect, incidental, exemplary, punitive or consequential damages, including loss of profits, related to or arising out of a party's performance under this Agreement.
No Liability for Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIGHTSPIN OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOST OF BUSINESS OR OF OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, MONETIZATION OF WEBSITE TRAFFIC AND LOSS OD LEADS AND PROSPECTS OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF LIGHTSPIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO INSTANCE WILL LIGHTSPIN’S CUMULATIVE LIABILITY EXCEED THE FEES PAID BY YOU TO LIGHTSPIN OVER THE PRECEDING 6 MONTHS.
No Liability for Certain Damages. Neither party shall be liable to the other, or its associates, agents, brokers, consultants, designees or representatives for any indirect, special, consequential, exemplary, punitive or liquidated damages or for any damages for lost profits related to a relationship with another person, however caused or arising, whether or not the party has been informed of the possibility of their occurrence. Liability of either party to the other in the event of any material breach of this Agreement shall be limited to recovery of the loss of any revenues occasioned by any such breach.
No Liability for Certain Damages. In no event will Vendor or any person or entity involved in the creation, manufacture or distribution of any software, services or other materials provided by Vendor under the Contract be liable for: (i) any damages arising out of or related to the failure of City or its suppliers to perform their responsibilities; (ii) any claims or demands of third parties; or (iii) any special, consequential, incidental, indirect, exemplary or punitive damages whatsoever, even if Vendor has been advised of the possibility of such damages.
No Liability for Certain Damages. To the maximum extent permitted by applicable law, in no event shall Developer, its distributors, dealers or suppliers be liable for any special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss arising out of the use of or inability to use the SOFTWARE, even if they have been advised of the possibility of such damages. In any case, the entire (aggregate) liability of the Developer, its distributors, dealers and suppliers under any provision of this ELA shall be limited to the amount actually paid by you for the SOFTWARE. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
No Liability for Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINDJET, ITS AFFILIATES OR THEIR RESPECTIVE SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF COVER, SUBSTITUTE GOODS, OUT OF POCKET COSTS OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MINDJET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
No Liability for Certain Damages. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES OR COSTS, INCLUDING LOST PROFITS, ARISING OUT OF OR BASED UPON THIS AGREEMENT, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN.
