Common use of Limitation of Liability Clause in Contracts

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL RESELLER, ITS LICENSORS OR RELATED PERSONS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF CUSTOMER OR ITS CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, OR USE OF THE LICENSED MATERIALS, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY OR REMEDY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH RESELLER, ITS LICENSORS, AND RELATED PERSONS MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO RESELLER BY CUSTOMER USER FOR THE SPECIFIC ITEM THAT DIRECTLY CAUSED THE DAMAGE. THIS SECTION WILL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW SPECIFICALLY REQUIRES LIABILITY, DESPITE THE FOREGOING EXCLUSION AND LIMITATION.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL RESELLEREXCEPT FOR CITRIX’ INDEMNIFICATION OBLIGATIONS EXPRESSLY SET FORTH IN SECTION 4, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER CITRIX NOR ITS LICENSORS AFFILIATES, SUPPLIERS, OR RELATED PERSONS AUTHORIZED DISTRIBUTORS SHALL BE LIABLE FOR ANY CONSEQUENTIALLOSS OF DATA OR PRIVACY, INDIRECTLOSS OF INCOME, SPECIAL, PUNITIVE LOSS OF OPPORTUNITY OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLECOST OF RECOVERY, BASED LOSS, HOWEVER CAUSED AND ON CLAIMS ANY THEORY OF CUSTOMER OR ITS CUSTOMERS (INCLUDINGLIABILITY, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, OR ARISING FROM YOUR USE OF THE LICENSED MATERIALSPRODUCT, INTERRUPTION IN EXPERIMENTAL FEATURES, MAINTENANCE OR ANY OTHER SOFTWARE OR SERVICE DELIVERED HEREUNDER, OR DAMAGE ARISING FROM YOUR USE OF THIRD PARTY PRODUCTS OR AVAILABILITY OF DATAHARDWARE, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS)ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF BREACH OR IN CONNECTION WITH THIS AGREEMENT, OR YOUR EXPORTATION, REEXPORTATION, OR IMPORTATION OF ANY OR ALL OF THE SAME. THIS LIMITATION WILL APPLY EVEN IF CITRIX, ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF EXPRESS OR IMPLIED WARRANTY OR REMEDYESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. EXCEPT FOR CITRIX’ INDEMNIFICATION OBLIGATIONS EXPRESSLY SET FORTH IN SECTION 4 (UNLESS NOTED AT xxxx://xxx.xxxxxx.xxx/xxx/xxxxxxxxx/xxxxxxx.xxxx), BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH RESELLER, ITS LICENSORS, AND RELATED PERSONS MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO RESELLER BY CUSTOMER USER FOR THE SPECIFIC ITEM THAT DIRECTLY CAUSED THE DAMAGE. THIS SECTION WILL NOT APPLY ONLY WHEN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF CITRIX, ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS EXCEED THE AMOUNT PAID FOR THE PRODUCT, EXPERIMENTAL FEATURES, MAINTENANCE TERM, CONSULTING DELIVERABLE OR ANY OTHER SOFTWARE OR SERVICE DELIVERED HEREUNDER AT ISSUE. YOU ACKNOWLEDGE THAT APPLICABLE LAW SPECIFICALLY REQUIRES LIABILITYTHE PRODUCT AND MAINTENANCE FEES REFLECT THESE ALLOCATIONS OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, DESPITE SO THE FOREGOING ABOVE LIMITATION OR EXCLUSION AND LIMITATIONMAY NOT APPLY TO YOU. For purposes of this AGREEMENT, the term "AFFILIATE" shall mean any entity that controls, is under common control with, or is controlled by CITRIX, where "control" means the ownership, direct or indirect, of a majority of CITRIX’ stock or other interest entitled allowing the owner to direct the affairs of CITRIX. AFFILIATES, suppliers, and authorized distributors are intended to be third party beneficiaries of this AGREEMENT.

Limitation of Liability. UNDER TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO CIRCUMSTANCES WILL RESELLER, ITS LICENSORS OR RELATED PERSONS EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY CONSEQUENTIAL, INDIRECTINCIDENTAL, SPECIAL, PUNITIVE INDIRECT OR INCIDENTAL CONSEQUENTIAL DAMAGES OR LOST PROFITSWHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLEINCLUDING WITHOUT LIMITATION, BASED ON CLAIMS OF CUSTOMER OR ITS CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS DAMAGES FOR LOSS OF DATAPROFITS, GOODWILLCORRUPTION OR LOSS OF DATA OR INFORMATION, FAILURE TO TRANSMIT OR USE OF THE LICENSED MATERIALSRECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF ANY OTHER WORK COMMERCIAL DAMAGES OR IMPAIRMENT OF OTHER ASSETS), LOSSES ARISING OUT OF BREACH THIS AGREEMENT AND/OR FAILURE YOUR USE OR INABILITY TO USE THE SERVICE, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF EXPRESS OR IMPLIED WARRANTY OR REMEDY, BREACH THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, MISREPRESENTATIONTORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE), AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE SHALL APPLE’S TOTAL LIABILITY WHICH RESELLER, ITS LICENSORS, AND RELATED PERSONS TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY INCUR BE REQUIRED BY APPLICABLE LAW IN ANY ACTION OR PROCEEDING CASES INVOLVING PERSONAL INJURY) EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO RESELLER BY CUSTOMER USER FOR THE SPECIFIC ITEM THAT DIRECTLY CAUSED THE DAMAGEOF FIFTY DOLLARS ($50.00). THIS SECTION WILL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW SPECIFICALLY REQUIRES LIABILITY, DESPITE THE FOREGOING EXCLUSION AND LIMITATIONLIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.