Common use of Norway Clause in Contracts

Norway. 8.1 Section 7.2 of the Agreement is deleted in its entirety and replaced with the following: Damages Cap. EXCEPT WITH RESPECT TO A BREACH OF ITS OBLIGATIONS UNDER SECTION 4, AND WITH RESPECT TO ITS OBLIGATIONS UNDER SECTION 6.1(i), AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT (NO: FORSETT, SE: UPPSÅT) OR GROSS NEGLIGENCE (NO: GROV UAKTSOMHET, SE: GROV OAKTSAMHET), IN NO EVENT SHALL ELASTIC’S TOTAL, CUMULATIVE LIABILITY UNDER ANY ORDER FORM EXCEED THE AMOUNT PAID BY CUSTOMER TO ELASTIC UNDER THIS AGREEMENT IN CONNECTION WITH SUCH ORDER FORM IN THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE FIRST EVENT GIVING RISE TO LIABILITY. DIRECT DAMAGE IS EXCLUSIVELY UNDERSTOOD AS REASONABLE EXPENSES WHICH THE CUSTOMER WOULD HAVE TO INCUR TO MAKE ELASTIC’S PERFORMANCE CONFORM TO THE AGREEMENT; REASONABLE EXPENSES INCURRED TO DETERMINE THE CAUSE AND SCOPE OF THE DAMAGE, INSOFAR AS THE DETERMINATION RELATES TO DIRECT DAMAGE AS HEREIN DEFINED AND REASONABLE EXPENSES INCURRED TO PREVENT OR MITIGATE DAMAGE, INSOFAR AS CUSTOMER DEMONSTRATES THAT THESE EXPENSES RESULTED IN MITIGATION OF DIRECT DAMAGE AS HEREIN DEFINED.

Norway. 8.1 Section 7.2 12.2 of the Agreement is deleted in its entirety and replaced with the following: Damages Cap. EXCEPT WITH RESPECT TO (i) A BREACH OF ITS OBLIGATIONS UNDER SECTION 46, AND WITH RESPECT TO (ii) ITS OBLIGATIONS UNDER SECTION 6.1(i4.1(i), AND EXCEPT (iii) IN THE CASE OF WILLFUL MISCONDUCT (NO: FORSETT, SE: UPPSÅT) OR GROSS NEGLIGENCE (NO: GROV UAKTSOMHET, SE: GROV OAKTSAMHET), IN NO EVENT SHALL ELASTIC’S TOTALOR ITS LICENSORS’ AGGREGATE, CUMULATIVE LIABILITY UNDER ANY ORDER FORM EXCEED THE AMOUNT TOTAL FEES MSP WAS PAID BY CUSTOMER OR WAS REQUIRED TO PAY ELASTIC UNDER THIS AGREEMENT IN CONNECTION WITH SUCH SIUCH ORDER FORM IN THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE FIRST EVENT GIVING RISE TO LIABILITY. DIRECT DAMAGE IS EXCLUSIVELY UNDERSTOOD AS REASONABLE EXPENSES WHICH THE CUSTOMER MSP WOULD HAVE TO INCUR TO MAKE ELASTIC’S PERFORMANCE CONFORM TO THE AGREEMENT; REASONABLE EXPENSES INCURRED TO DETERMINE THE CAUSE AND SCOPE OF THE DAMAGE, INSOFAR AS THE DETERMINATION RELATES TO DIRECT DAMAGE AS HEREIN DEFINED AND REASONABLE EXPENSES INCURRED TO PREVENT OR MITIGATE DAMAGE, INSOFAR AS CUSTOMER MSP DEMONSTRATES THAT THESE EXPENSES RESULTED IN MITIGATION OF DIRECT DAMAGE AS HEREIN DEFINED.

Norway. 8.1 Section 7.2 11.2 of the Agreement is deleted in its entirety and replaced with the following: Damages Cap. EXCEPT WITH RESPECT TO A BREACH OF ITS OBLIGATIONS UNDER SECTION 4, AND WITH RESPECT TO ITS OBLIGATIONS UNDER SECTION 6.1(i), AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT (NO: FORSETT, SE: UPPSÅT) OR GROSS NEGLIGENCE (NO: GROV UAKTSOMHET, SE: GROV OAKTSAMHET), IN NO EVENT SHALL ELASTIC’S TOTALOR ITS LICENSORS’ AGGREGATE, CUMULATIVE LIABILITY UNDER ANY ORDER FORM EXCEED THE AMOUNT TOTAL SUBSCRIPTION FEES MSP WAS PAID BY CUSTOMER OR WAS REQUIRED TO PAY ELASTIC UNDER THIS AGREEMENT IN CONNECTION WITH SUCH SIUCH ORDER FORM IN THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE FIRST EVENT GIVING RISE TO LIABILITY. .. DIRECT DAMAGE IS EXCLUSIVELY UNDERSTOOD AS REASONABLE EXPENSES WHICH THE CUSTOMER WOULD HAVE TO INCUR TO MAKE ELASTIC’S PERFORMANCE CONFORM TO THE AGREEMENT; REASONABLE EXPENSES INCURRED TO DETERMINE THE CAUSE AND SCOPE OF THE DAMAGE, INSOFAR AS THE DETERMINATION RELATES TO DIRECT DAMAGE AS HEREIN DEFINED AND REASONABLE EXPENSES INCURRED TO PREVENT OR MITIGATE DAMAGE, INSOFAR AS CUSTOMER MSP DEMONSTRATES THAT THESE EXPENSES RESULTED IN MITIGATION OF DIRECT DAMAGE AS HEREIN DEFINED.

Norway. 8.1 8.1. Section 7.2 10.2 of the Agreement is deleted in its entirety and replaced with the following: Damages Cap. EXCEPT WITH RESPECT TO A BREACH OF ITS OBLIGATIONS UNDER SECTION 4, AND WITH RESPECT TO ITS OBLIGATIONS UNDER SECTION 6.1(i), AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT (NO: FORSETT, SE: UPPSÅT) OR GROSS NEGLIGENCE (NO: GROV UAKTSOMHET, SE: GROV OAKTSAMHET), IN NO EVENT SHALL ELASTIC’S TOTALOR ITS LICENSORS’ AGGREGATE, CUMULATIVE LIABILITY UNDER ANY ORDER FORM THIS AGREEMENT EXCEED THE AMOUNT PAID BY CUSTOMER TOTAL FEES OEM WAS REQUIRED TO PAY ELASTIC UNDER THIS AGREEMENT IN CONNECTION WITH SUCH ORDER FORM IN THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE FIRST EVENT GIVING RISE TO LIABILITY. DIRECT DAMAGE IS EXCLUSIVELY UNDERSTOOD AS REASONABLE EXPENSES WHICH THE CUSTOMER OEM WOULD HAVE TO INCUR TO MAKE ELASTIC’S PERFORMANCE CONFORM TO THE AGREEMENT; REASONABLE EXPENSES INCURRED TO DETERMINE THE CAUSE AND SCOPE OF THE DAMAGE, INSOFAR AS THE DETERMINATION RELATES TO DIRECT DAMAGE AS HEREIN DEFINED AND REASONABLE EXPENSES INCURRED TO PREVENT OR MITIGATE DAMAGE, INSOFAR AS CUSTOMER OEM DEMONSTRATES THAT THESE EXPENSES RESULTED IN MITIGATION OF DIRECT DAMAGE AS HEREIN DEFINED...

Norway. 8.1 Section 7.2 11.2 of the Agreement is deleted in its entirety and replaced with the following: Damages Cap. EXCEPT WITH RESPECT TO (i) A BREACH OF ITS OBLIGATIONS UNDER SECTION 49, AND WITH RESPECT TO (ii) ITS OBLIGATIONS UNDER SECTION 6.1(i10.1.1(i), AND EXCEPT (iii) IN THE CASE OF WILLFUL MISCONDUCT (NO: FORSETT, SE: UPPSÅT) OR GROSS NEGLIGENCE (NO: GROV UAKTSOMHET, SE: GROV OAKTSAMHET), IN NO EVENT SHALL ELASTIC’S TOTALOR ITS LICENSORS’ AGGREGATE, CUMULATIVE LIABILITY UNDER ANY ORDER FORM EXCEED THE AMOUNT TOTAL SUBSCRIPTION FEES MSP WAS PAID BY CUSTOMER OR WAS REQUIRED TO PAY ELASTIC UNDER THIS AGREEMENT IN CONNECTION WITH SUCH SIUCH ORDER FORM IN THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE FIRST EVENT GIVING RISE TO LIABILITY. .. DIRECT DAMAGE IS EXCLUSIVELY UNDERSTOOD AS REASONABLE EXPENSES WHICH THE CUSTOMER WOULD HAVE TO INCUR TO MAKE ELASTIC’S PERFORMANCE CONFORM TO THE AGREEMENT; REASONABLE EXPENSES INCURRED TO DETERMINE THE CAUSE AND SCOPE OF THE DAMAGE, INSOFAR AS THE DETERMINATION RELATES TO DIRECT DAMAGE AS HEREIN DEFINED AND REASONABLE EXPENSES INCURRED TO PREVENT OR MITIGATE DAMAGE, INSOFAR AS CUSTOMER MSP DEMONSTRATES THAT THESE EXPENSES RESULTED IN MITIGATION OF DIRECT DAMAGE AS HEREIN DEFINED.

Norway. 8.1 Section 7.2 12.2 of the Agreement is deleted in its entirety and replaced with the following: Damages Cap. EXCEPT WITH RESPECT TO (i) A BREACH OF ITS OBLIGATIONS UNDER SECTION 46, AND WITH RESPECT TO (ii) ITS OBLIGATIONS UNDER SECTION 6.1(i)4.1, AND EXCEPT (iii) IN THE CASE OF WILLFUL MISCONDUCT (NO: FORSETT, SE: UPPSÅT) OR GROSS NEGLIGENCE (NO: GROV UAKTSOMHET, SE: GROV OAKTSAMHET), IN NO EVENT SHALL ELASTIC’S TOTALOR ITS LICENSORS’ AGGREGATE, CUMULATIVE LIABILITY UNDER ANY ORDER FORM EXCEED THE AMOUNT TOTAL FEES MSP WAS PAID BY CUSTOMER OR WAS REQUIRED TO PAY ELASTIC UNDER THIS AGREEMENT IN CONNECTION WITH SUCH SIUCH ORDER FORM IN THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE FIRST EVENT GIVING RISE TO LIABILITY. DIRECT DAMAGE IS EXCLUSIVELY UNDERSTOOD AS REASONABLE EXPENSES WHICH THE CUSTOMER MSP WOULD HAVE TO INCUR TO MAKE ELASTIC’S PERFORMANCE CONFORM TO THE AGREEMENT; REASONABLE EXPENSES INCURRED TO DETERMINE THE CAUSE AND SCOPE OF THE DAMAGE, INSOFAR AS THE DETERMINATION RELATES TO DIRECT DAMAGE AS HEREIN DEFINED AND REASONABLE EXPENSES INCURRED TO PREVENT OR MITIGATE DAMAGE, INSOFAR AS CUSTOMER MSP DEMONSTRATES THAT THESE EXPENSES RESULTED IN MITIGATION OF DIRECT DAMAGE AS HEREIN DEFINED.

Norway. 8.1 The third sentence of Section 3.2 of the Agreement is hereby deleted in its entirety and replaced with the following: Customer will pay and be solely responsible for all Taxes. 8.2 Section 7.2 of the Agreement is deleted in its entirety and replaced with the following: Damages Cap. EXCEPT WITH RESPECT TO (I) A BREACH OF ITS A PARTY’S OBLIGATIONS UNDER SECTION 4, AND WITH RESPECT TO ITS (II) ELASTIC’S OBLIGATIONS UNDER SECTION 6.1(i)6, (III) AMOUNTS PAYABLE BY CUSTOMER UNDER SECTION 3 OF THIS AGREEMENT AND EACH ORDER FORM, (IV) CUSTOMER’S VIOLATIONS OF THE USE RESTRICTIONS SET FORTH IN THIS AGREEMENT OR ANY ADDENDUM, , AND EXCEPT IN THE CASE OF (V) A PARTY’S WILLFUL MISCONDUCT (NO: FORSETT, SE: UPPSÅT) OR GROSS NEGLIGENCE (NO: GROV UAKTSOMHET, SE: GROV OAKTSAMHET), IN NO EVENT SHALL ELASTICEITHER PARTY’S TOTAL, CUMULATIVE LIABILITY UNDER ANY ORDER FORM EXCEED THE AMOUNT PAID BY CUSTOMER TO ELASTIC UNDER THIS AGREEMENT IN CONNECTION WITH SUCH ORDER FORM IN THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE FIRST EVENT GIVING RISE TO LIABILITY. DIRECT DAMAGE IS EXCLUSIVELY UNDERSTOOD AS REASONABLE EXPENSES WHICH THE CUSTOMER WOULD HAVE TO INCUR TO MAKE ELASTIC’S PERFORMANCE CONFORM TO THE AGREEMENT; REASONABLE EXPENSES INCURRED TO DETERMINE THE CAUSE AND SCOPE OF THE DAMAGE, INSOFAR AS THE DETERMINATION RELATES TO DIRECT DAMAGE AS HEREIN DEFINED AND REASONABLE EXPENSES INCURRED TO PREVENT OR MITIGATE DAMAGE, INSOFAR AS CUSTOMER DEMONSTRATES THAT THESE EXPENSES RESULTED IN MITIGATION OF DIRECT DAMAGE AS HEREIN DEFINED.