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

Limitation of Liability; Exclusion of Consequential Damages. IN NO EVENT SHALL CLOUDION 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 LOSS OF: BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION OR DATA STORAGE, 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 CLOUDION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Appears in 2 contracts

Sources: Software Development and Maintenance Agreement, Software Development and Maintenance Agreement