Common use of Disclaimer; Limitation of Liability Clause in Contracts

Disclaimer; Limitation of Liability. NEITHER SUBLICENSOR NOR LICENSOR MAKES ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. TO THE EXTENT ALLOWED BY APPLICABLE LAW, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITATION OF LIABILITY OR LIMITED REMEDY, NEITHER SUBLICENSOR NOR SUBLICENSEE SHALL UNDER ANY CIRCUMSTANCES HAVE ANY LIABILITY WHATSOEVER FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, OR ANY DAMAGES FOR LOST REVENUES, PROFITS, BUSINESS OR DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF SUCH PARTY IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer; Limitation of Liability. NEITHER SUBLICENSOR NOR LICENSOR MAKES TO THE FULLEST EXTENT PERMITTED BY LAW, THE MARKETPLACE PROVIDED BY OR THROUGH RB GROUP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY REPRESENTATIONS OR WARRANTIESKIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT ALLOWED PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITATION OF LIABILITY OR LIMITED REMEDY, NEITHER SUBLICENSOR NOR SUBLICENSEE IN NO EVENT SHALL UNDER ANY CIRCUMSTANCES HAVE ANY LIABILITY WHATSOEVER RB GROUP BE LIABLE FOR ANY INCIDENTALSPECIAL, INDIRECT, CONSEQUENTIALPUNITIVE, PUNITIVE COVER, INCIDENTAL OR SPECIAL DAMAGES CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF ANY KINDLIABILITY, OR ANY DAMAGES FOR LOST REVENUESINCLUDING LOSS OF REVENUE, PROFITS, BUSINESS OR DATABUSINESS, ARISING OUT ANY LOSS OF GOODWILL OR RELATING TO THIS AGREEMENTREPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF SUCH PARTY IS INFORMED IN ADVANCE RB GROUP OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer; Limitation of Liability. NEITHER SUBLICENSOR NOR LICENSOR MAKES TO THE FULLEST EXTENT PERMITTED BY LAW, THE MARKETPLACE PROVIDED BY OR THROUGH RB GROUP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY REPRESENTATIONS OR WARRANTIESKIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITYNON‐INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT ALLOWED PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITATION OF LIABILITY OR LIMITED REMEDY, NEITHER SUBLICENSOR NOR SUBLICENSEE IN NO EVENT SHALL UNDER ANY CIRCUMSTANCES HAVE ANY LIABILITY WHATSOEVER RB GROUP BE LIABLE FOR ANY INCIDENTALSPECIAL, INDIRECT, CONSEQUENTIALPUNITIVE, PUNITIVE COVER, INCIDENTAL OR SPECIAL DAMAGES CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF ANY KINDLIABILITY, OR ANY DAMAGES FOR LOST REVENUESINCLUDING LOSS OF REVENUE, PROFITS, BUSINESS OR DATABUSINESS, ARISING OUT ANY LOSS OF GOODWILL OR RELATING TO THIS AGREEMENTREPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF SUCH PARTY IS INFORMED IN ADVANCE RB GROUP OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer; Limitation of Liability. NEITHER SUBLICENSOR NOR LICENSOR 11.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, QUALCOMM MAKES ANY REPRESENTATIONS NO WARRANTIES IN THIS AGREEMENT AS TO PRODUCTS, TECHNOLOGY, MATERIALS, SERVICES, INFORMATION OR WARRANTIESOTHER ITEMS IT FURNISHES TO LICENSEE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY WARRANTIES THAT MAY ARISE SUCH ITEMS ARE FREE FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. TO THE EXTENT ALLOWED BY APPLICABLE LAW, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE RIGHTFUL CLAIM OF ANY LIMITATION THIRD PARTY, BY WAY OF LIABILITY INFRINGEMENT OR LIMITED REMEDY, NEITHER SUBLICENSOR NOR SUBLICENSEE THE LIKE. QUALCOMM SHALL UNDER ANY CIRCUMSTANCES HAVE ANY LIABILITY WHATSOEVER NOT BE LIABLE TO LICENSEE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE CONSEQUENTIAL OR SPECIAL DAMAGES ANY OTHER INDIRECT LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR ANY RESULTING OBLIGATION OR THE USE OF ANY KINDINTELLECTUAL PROPERTY RECEIVED HEREUNDER, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, FOR TORT, OR ANY DAMAGES FOR LOST REVENUES, PROFITS, BUSINESS OR DATA, ARISING OUT OTHER CAUSE OF OR RELATING ACTION. LICENSEE SHALL BE PERMITTED TO THIS AGREEMENT, EVEN IF SUCH PARTY IS INFORMED IN ADVANCE ENJOIN THE UNAUTHORIZED USE BY QUALCOMM OF THE POSSIBILITY ANY OF SUCH DAMAGESLICENSEE'S INFORMATION.