Common use of PEDIGREE LIMITATIONS OF LIABILITY Clause in Contracts

PEDIGREE LIMITATIONS OF LIABILITY. EXCEPT WITH RESPECT TO ITS OBLIGATIONS UNDER SECTION 9.1 AND 10, IN NO EVENT SHALL PEDIGREE BE LIABLE FOR AND CLIENT HEREBY WAIVES ITS RIGHT TO CLAIM, ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) DIRECTLY OR INDIRECTLY RELATING TO OR ARISING OUT OF PEDIGREE’S BREACH OF THIS AGREEMENT OR CLIENT’S INABILITY TO USE THE LICENSED TECHNOLOGY OR ANY PART THEREOF, EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER COMMUNICATIONS FACILITIES OR IN CONNECTION WITH ANY SERVICES, PERFORMED OR NOT PERFORMED BY PEDIGREE UNDER THIS AGREEMENT, OR FOR ANY OR ALL LOSS OR DAMAGE DIRECTLY OR INDIRECTLY RELATING TO OR ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO CLIENT’S DATA TRANSMITTED REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, EVEN IF PEDIGREE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PEDIGREE'S MAXIMUM AND SOLE LIABILITY TO CLIENT FOR SERVICES HEREUNDER, SHALL BE LIMITED TO CLIENT'S DIRECT DAMAGES, WHICH SHALL IN NO EVENT EXCEED THE AMOUNT PAID TO PEDIGREE BY CLIENT UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING CLIENT’S WRITTEN NOTICE OF PEDIGREE’S BREACH OF THIS AGREEMENT. IF THE HARDWARE DOES NOT MEET THE GOOD WORKING CONDITIONS SET FORTH IN THIS AGREEMENT DURING THE WARRANY PERIOD, THE ENTIRE LIABILITY OF PEDIGREE, AND THE EXCLUSIVE REMEDY OF CLIENT, SHALL BE REPAIR OR REPLACEMENT OF SUCH HARDWARE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, EQUITABLE CLAIMS, BREACH OF CONTRACT, AND BREACH OF WARRANTY, PEDIGREE'S NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS.

PEDIGREE LIMITATIONS OF LIABILITY. EXCEPT WITH RESPECT TO ITS OBLIGATIONS UNDER SECTION 9.1 10.1 AND 1011, IN NO EVENT SHALL PEDIGREE BE LIABLE FOR AND CLIENT HEREBY WAIVES ITS RIGHT TO CLAIM, ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) DIRECTLY OR INDIRECTLY RELATING TO OR ARISING OUT OF PEDIGREE’S BREACH OF THIS AGREEMENT OR CLIENT’S INABILITY TO USE THE LICENSED TECHNOLOGY OR ANY PART THEREOF, EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER COMMUNICATIONS FACILITIES OR IN CONNECTION WITH ANY SERVICES, PERFORMED OR NOT PERFORMED BY PEDIGREE UNDER THIS AGREEMENT, OR FOR ANY OR ALL LOSS OR DAMAGE DIRECTLY OR INDIRECTLY RELATING TO OR ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO CLIENT’S DATA TRANSMITTED REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, EVEN IF PEDIGREE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PEDIGREE'S MAXIMUM AND SOLE LIABILITY TO CLIENT FOR SERVICES HEREUNDER, SHALL BE LIMITED TO CLIENT'S DIRECT DAMAGES, WHICH SHALL IN NO EVENT EXCEED THE AMOUNT EARNED PAID TO PEDIGREE BY CLIENT UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING CLIENT’S WRITTEN NOTICE OF PEDIGREE’S BREACH OF THIS AGREEMENT. THE ENTIRE LIABILITY OF PEDIGREE AND THE EXCLUSIVE REMEDY OF CLIENT SHALL BE REPAIR OR REPLACEMENT OF THE HARDWARE, DURING THE MAINTENANCE PERIOD IF THE SUCH HARDWARE DOES NOT MEET THE GOOD WORKING CONDITIONS SET FORTH IN THIS AGREEMENT DURING THE WARRANY PERIOD, THE ENTIRE LIABILITY OF PEDIGREE, AND THE EXCLUSIVE REMEDY OF CLIENT, SHALL BE REPAIR OR REPLACEMENT OF SUCH HARDWAREAGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, EQUITABLE CLAIMS, BREACH OF CONTRACT, AND BREACH OF WARRANTY, PEDIGREE'S NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS.