Consequential Damage Waiver. EXCEPT AS MAY ARISE OUT OF EITHER PARTY’S BREACH OF SECTION 5, NEITHER PARTY (NOR TURBONOMIC’S SUPPLIERS) WILL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR LOSS OF PROFITS, OR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING COSTS, IN CONNECTION WITH THE SUPPLY, USE OR PERFORMANCE OF THE SOFTWARE OR SERVICES, OR THE PERFORMANCE OF ITS OTHER OBLIGATIONS UNDER THIS AGREEMENT, EVEN IF IT IS AWARE OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES.
Appears in 2 contracts
Sources: Software License and Services Agreement, End User Software License Agreement