Common use of Liability Limits Clause in Contracts

Liability Limits. IN NO EVENT SHALL PAYMENT LABS BE LIABLE TO COMPANY FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, OR OTHER ECONOMIC LOSS, WHETHER OR NOT PAYMENT LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE IDV TERMS, IN NO EVENT SHALL PAYMENT LABS’ AGGREGATE LIABILITY TO COMPANY IN CONNECTION WITH THESE IDV TERMS OR COMPANY’S ACCESS TO AND USE OF THE IDV EXCEED THE SUM OF ALL FEES PAID TO PAYMENT LABS BY COMPANY FOR THE USE OF THE IDV IN THE SIX (6) MONTH PERIOD PRECEDING THE CLAIM OR ACTION GIVING RISE TO THE LIABILITY. LIMITATIONS OF LIABILITY CONTAINED IN THESE IDV TERMS ARE IN ADDITION TO, AND NOT IN LIEU OF, ANY LIMITS OUTLINED IN THE SERVICE AGREEMENT.

Liability Limits. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT IN THE EVENT OF YOUR (A) INFRINGEMENT OF LICENSOR'S INTELLECTUAL PROPERTY RIGHTS, OR (B) BREACH OF CONFIDENTIALITY, IN NO EVENT SHALL PAYMENT LABS WILL EITHER PARTY BE LIABLE TO COMPANY FOR ANY INCIDENTAL, SPECIAL, EXEMPLARYINDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING INCLUDING, BUT NOT LIMITED TO, LOSS OF INCOMEPROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER ECONOMIC LOSS, WHETHER OR NOT PAYMENT LABS HAS BEEN EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISETHEREOF. NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE IDV TERMSTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PAYMENT LABS’ AGGREGATE WILL THE CUMULATIVE LIABILITY TO COMPANY IN CONNECTION WITH THESE IDV TERMS OR COMPANY’S ACCESS TO AND USE OF THE IDV LICENSOR EXCEED THE SUM OF ALL FEES AMOUNTS PAID TO PAYMENT LABS BY COMPANY LICENSOR FOR THE USE OF THE IDV IN THE SIX (6) MONTH PERIOD PRECEDING THE CLAIM APPLICABLE PRODUCT, MAINTENANCE, OR ACTION GIVING OTHER SERVICE THAT GAVE RISE TO SUCH CLAIM. THE LIABILITYFOREGOING LIMITS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THE LIMITATIONS OF LIABILITY CONTAINED SET FORTH IN THESE IDV TERMS THIS AGREEMENT ARE IN ADDITION TOCUMULATIVE AND ARE INTENDED AND YOU ACKNOWLEDGE THAT THEY ARE INTENDED TO BENEFIT LICENSOR AND ITS THIRD PARTY SUPPLIERS, AND NOT IN LIEU OFIF ANY. Licensor is acting on behalf of its suppliers for the purpose of disclaiming, ANY LIMITS OUTLINED IN THE SERVICE AGREEMENTexcluding and/or limiting warranties obligations, and liability as provided in Sections 5, 6 and 7 of this Agreement.