INDIRECT AND CONSEQUENTIAL DAMAGES. to the maximum extent permitted by applicable law, excluding the indemnification obligations in section 9 or claims, liabilities or losses arising from fraud or intentional misconduct, in no event will either party be liable for any indirect, special, incidental, consequential or exemplary damages arising out of or in any way relating to these terms, the services provided, or the use of or inability to use the services including, without limitation, damages for loss of goodwill, work stoppage, lost profits, loss of data, computer failure or any and all other commercial damages or losses even if advised of the possibility thereof and regardless of the legal or equitable theory (contract, tort, strict liability or otherwise) upon which the claim is based.
Appears in 3 contracts
Sources: End User License Agreement, Terms of Service, End User License Agreement