Common use of INDIRECT AND CONSEQUENTIAL DAMAGES Clause in Contracts

INDIRECT AND CONSEQUENTIAL DAMAGES. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS OR A PARTY’S BREACH OF THEIR CONFIDENTIALITY OBLIGATIONS, EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY NOR COMPANY’S LICENSORS SHALL HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY OTHER THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, LOSS OF USE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED THEREBY, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, AND IRRESPECTIVE OF WHETHER SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.