Common use of Limitation of Liability; Exclusion of Consequential Damages Clause in Contracts

Limitation of Liability; Exclusion of Consequential Damages. IN NO EVENT SHALL ▇▇▇▇▇▇▇’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT GIVING RISE TO SUCH CLAIM, NOT TO EXCEED THE MANUFACTURER’S RETAIL PRICE FOR THE APPLICABLE EQUIPMENT. IN NO EVENT SHALL ▇▇▇▇▇▇▇ BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES OF ANY NATURE IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES OR SOFTWARE PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR: LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA STORAGE, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ▇▇▇▇▇▇▇ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability; Exclusion of Consequential Damages. IN NO EVENT SHALL ▇▇▇▇▇▇▇’ AGGREGATE LIABILITY ARISING OUT OF (EXCEPT WITH RESPECT TO SECTION 3) WILL EITHER PARTY (OR RELATED TO THIS AGREEMENTITS OFFICERS, WHETHER IN CONTRACTDIRECTORS, TORT EMPLOYEES, MEMBERS, MANAGERS OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT GIVING RISE TO SUCH CLAIM, NOT TO EXCEED THE MANUFACTURER’S RETAIL PRICE FOR THE APPLICABLE EQUIPMENT. IN NO EVENT SHALL ▇▇▇▇▇▇▇ AGENTS) BE LIABLE FOR ANY SPECIAL, INDIRECT, SPECIALINCIDENTAL, CONSEQUENTIALPUNITIVE, INCIDENTAL EXEMPLARY OR EXEMPLARY CONSEQUENTIAL DAMAGES OF ANY NATURE IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES OR SOFTWARE PROVIDED HEREUNDER, (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, DAMAGES FOR: LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION REPUTATION OR DATA STORAGE, LOSS COSTS OF GOODWILL, COMPUTER FAILURE SUBSTITUTE SERVICES) THAT THE OTHER PARTY MAY INCUR OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EXPERIENCE ARISING OUT OF THE USE OR INABILITY RELATING TO USE THE SOFTWARE, THE SERVICES, THE SYSTEM, THIS AGREEMENT OR ITS TERMINATION, EVEN IF ▇▇▇▇▇▇▇ HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. FURTHER, THE SOLE LIABILITY OF PREFECT (AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS, AND AFFILIATES THEREOF) TO CLIENT FOR DAMAGES FOR ANY CAUSE WHATSOEVER NOTWITHSTANDING THE FORM OF SUCH DAMAGESCLAIMS (INCLUDING NEGLIGENCE) SHALL BE LIMITED TO AN AMOUNT NOT EXCEEDING THE TOTAL FEES PAID BY CLIENT TO PREFECT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE (OR $100 IF CLIENT IS USING THE SERVICES WITHOUT CHARGE).