Common use of LIMITATION OF LIABILITY Clause in Contracts

LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA OR INFORMATION, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF THIS AGREEMENT AND/OR YOUR USE OR INABILITY TO USE THE SERVICE, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

LIMITATION OF LIABILITY. TO UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIG ENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE EXTENT NOT PROHIBITED BY APPLICABLE LAWINITIAL DEVELOPER, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURYANY OTHER CONTR IBUTOR, OR ANY INCIDENTALDISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTI ES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INDIRECT INCIDENTAL, OR CONSEQUENTIAL CONSEQUENT IAL DAMAGES WHATSOEVEROF ANY CHARACTER INCLUDING, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITSGOODWILL, CORRUPTION WORK STOPPAGE, COMPUTER FAILURE OR LOSS OF DATA OR INFORMATIONMALFUNCTION, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY AND ALL OTHER COMMERCIAL C OMMERCIAL DAMAGES OR LOSSES ARISING OUT OF THIS AGREEMENT AND/OR YOUR USE OR INABILITY TO USE THE SERVICELOSSES, EVEN IF APPLE HAS SUCH PARTY SHALL HAVE BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), AND EVEN IF APPLE HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT THIS LIMITATION OF LIABILITY SHALL APPLE’S TOTAL LIABILITY NOT APPLY TO YOU XXX BILITY FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO TH E EXTENT APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALL OW THE AMOUNT EXCLUSION OR LIMITATION OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS E XCLUSION AND LIMITATION MAY NOT APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSETO YOU.