Common use of LIMITATION OF WARRANTY AND LIABILITY Clause in Contracts

LIMITATION OF WARRANTY AND LIABILITY. (a) Except as otherwise specifically provided herein, neither party warrants any connection to, transmission over, nor results or use of, any network connection, service, equipment or facilities provided under this agreement. Each party further disclaims all warranties, whether express, implied or statutory, including, without limitation, any implied warranties of merchantability and fairness for a particular purpose and non-infringement of third party rights. Except as specifically provided herein, each party specifically disclaims any responsibility for any damages suffered by the other party or any third party, except for those caused by such party's gross negligence or willful misconduct. (b) Neither party shall be liable to the other or anyone claiming through the other for an amount in excess of three hundred fifty thousand dollars ($350,000.00) per incident, for any loss, damage, liability, claim or expense ("claims") arising out of or in relation to this agreement or the provision of any software, hardware, or service, however caused, whether grounded in contract, tort (including negligence) or theory of strict liability. In no event shall either party be liable for any indirect, incidental, special, punitive or other consequential damages whether or not foreseeable (including, without limitation, damages for the loss of data, goodwill or profits) arising out of or in relation to this agreement even if advised beforehand of the possibility of such liability.

LIMITATION OF WARRANTY AND LIABILITY. (a) Except as otherwise specifically provided herein, neither party warrants any connection to, transmission over, nor results or use of, any network connection, service, equipment or facilities provided under this agreement. Each party further disclaims all warranties, whether express, implied or statutory, including, without limitation, any implied warranties of merchantability and fairness for a particular purpose and non-infringement of third party rights. Except as specifically provided herein, each party specifically disclaims any responsibility for any damages suffered by the other party or any third party, except for those caused by such party's gross negligence or willful misconduct. (b) Neither party shall be liable to the other or anyone claiming through the other for an amount in excess of three hundred fifty thousand dollars ($350,000.00) [CONFIDENTIAL TREATMENT] per incident, for any loss, damage, liability, claim or expense ("claims") arising out of or in relation to this agreement or the provision of any software, hardware, or service, however caused, whether grounded in contract, tort (including negligence) or theory of strict liability. In no event shall either party be liable for any indirect, incidental, special, punitive or other consequential damages whether or not foreseeable (including, without limitation, damages for the loss of data, goodwill or profits) arising out of or in relation to this agreement even if advised beforehand of the possibility of such liability.