Amount of Liability. EXCEPT FOR ANY OF BREACH OF THE TERMS OF THE CLA, SECTION 4.4 (REASONABLE EFFORTS REGARDING CONTRIBUTIONS), OR SECTION 5 (RESTRICTIONS DURING INCUBATION PHASE), IN NO EVENT SHALL EITHER PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PROJECT, OR THE SOFTWARE EXCEED ONE THOUSAND DOLLARS ($1,000)] IN THE AGGREGATE. Failure of Essential Purpose. The limitations set forth above shall survive and apply even if any limited remedy specified in this Agreement is found to have failed its essential purpose.
Appears in 2 contracts
Sources: Project Participant Agreement, Project Participant Agreement