Common use of Regional Limitation of Liability Clause in Contracts

Regional Limitation of Liability. IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED TWICE THE AMOUNT OF FEES PAID HEREUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages. Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

Regional Limitation of Liability. IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED TWICE THE AMOUNT OF FEES PAID HEREUNDER HERUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud LIVE SERVICES, PROVIDED HOWEVER THAT FOR CUSTOMERS IN THE PUBLIC SECTOR NO SUCH MONETARY LIMITATION APPLIES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages. Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligencenegligence and for Customers of the public sector business of the country.

Regional Limitation of Liability. IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED TWICE THE AMOUNT OF FEES PAID HEREUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES, PROVIDED HOWEVER THAT FOR CUSTOMERS IN THE PUBLIC SECTOR NO SUCH MONETARY LIMITATION APPLIES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages. Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligencenegligence and for Customers of the public sector business of the country.

Regional Limitation of Liability. IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED TWICE THE AMOUNT OF FEES PAID HEREUNDER HERUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages. Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

Regional Limitation of Liability. IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED TWICE THE AMOUNT OF ANY FEES PAID HEREUNDER CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages. Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

Regional Limitation of Liability. IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED TWICE THE AMOUNT OF FEES PAID HEREUNDER CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages. Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

Regional Limitation of Liability. IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED TWICE THE AMOUNT OF ANY FEES PAID HEREUNDER CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE XXXXXXXX.XXXXXXXX AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages. Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.