Common use of Limitation on Indirect Liability Clause in Contracts

Limitation on Indirect Liability. EXCEPT FOR THE PARTIES' INDEMNIFICATION OBLIGATIONS HEREUNDER, FAILURE TO PAY FEES OWED HEREUNDER, VIOLATIONS OF SECTION 2, AND INFRINGEMENT OF OUR INTELLECTUAL PROPERTY BY YOU OR YOUR USERS (COLLECTIVELY, “LIMITATION EXCEPTIONS”), UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL EITHER PARTY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE SERVICE OFFERINGS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation on Indirect Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE PARTIES' WALKME’S OR CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDEROBLIGATIONS, FAILURE TO PAY FEES OWED HEREUNDER, VIOLATIONS OF SECTION 2, NEITHER CUSTOMER NOR WALKME AND INFRINGEMENT OF OUR INTELLECTUAL PROPERTY BY YOU OR YOUR USERS (COLLECTIVELY, “LIMITATION EXCEPTIONS”), UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL EITHER PARTY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS, AND DISTRIBUTORS WILL BE LIABLE UNDER THIS AGREEMENT FOR ANY (I) INDIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR EXEMPLARY DAMAGES PUNITIVE DAMAGES, OR (INCLUDING WITHOUT LIMITATION, II) LOSS OF PROFITSUSE, DATA, BUSINESS, REVENUES, OR USE PROFITS (IN EACH CASE WHETHER DIRECT OR COST OF COVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE SERVICE OFFERINGSINDIRECT), EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH PARTY HAS BEEN ADVISED DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Limitation on Amount of Liability. TO THE POSSIBILITY OF SUCH DAMAGESFULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE SERVICES HEREUNDER DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Limitation on Indirect Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE PARTIES' (A) CUSTOMER’S BREACH OF USE RESTRICTIONS, INCLUDING IN ANY PRODUCT TERMS, (B) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, FAILURE TO PAY FEES OWED HEREUNDER, VIOLATIONS OF SECTION 2OBLIGATIONS, AND INFRINGEMENT OF OUR INTELLECTUAL PROPERTY BY YOU OR YOUR USERS (COLLECTIVELYC) EITHER PARTY’S CONFIDENTIALITY OBLIGATIONS, “LIMITATION EXCEPTIONS”), UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL EITHER NEITHER PARTY OR NOR ITS AFFILIATES, CONTRACTORSLICENSORS OR SUPPLIERS WILL BE LIABLE TO THE OTHER PARTY UNDER THIS AGREEMENT UNDER ANY CONTRACT, EMPLOYEESNEGLIGENCE, AGENTSSTRICT LIABILITY, OR THIRD PARTY PARTNERSOTHER LEGAL OR EQUITABLE THEORY FOR (I) ANY INDIRECT, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIALPUNITIVE, EXEMPLARY, OR EXEMPLARY CONSEQUENTIAL DAMAGES OR (INCLUDING WITHOUT LIMITATION, II) ANY LOSS OF PROFITSUSE, DATA, BUSINESS, OR USE PROFITS, OR SERVICE INTERRUPTION, ANY DATA INACCURACY, OR THE COST OF COVER) ARISING OUT SUBSTITUTE SERVICES (IN EACH CASE WHETHER DIRECT OR INDIRECT), REGARDLESS OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM THE USE LEGAL THEORY AND REGARDLESS OF OR THE INABILITY TO USE THE SERVICE OFFERINGS, EVEN IF SUCH WHETHER A PARTY HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Limitation on Indirect Liability. EXCEPT FOR TO THE PARTIES' INDEMNIFICATION OBLIGATIONS HEREUNDERFULLEST EXTENT PERMITTED BY APPLICABLE LAWS PLANTSHARE AND ITS, FAILURE TO PAY FEES OWED HEREUNDER, VIOLATIONS OF SECTION 2, AND INFRINGEMENT OF OUR INTELLECTUAL PROPERTY BY YOU OR YOUR USERS (COLLECTIVELY, “LIMITATION EXCEPTIONS”), UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL EITHER PARTY OR ITS AFFILIATES, CONTRACTORSOFFICERS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERSSUPPLIERS, LICENSORS, OR SUPPLIERSAND SERVICE PROVIDERS, BE LIABLE EXCLUDE AND DISCLAIM LIABILITY FOR ANY SPECIALLOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTALGENERAL, CONSEQUENTIALSPECIAL, PUNITIVE, INCIDENTAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, USE; LOSS OF DATA, ; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR USE OR COST OF COVER) ARISING OUT PROFIT; LOSS OF OR RELATING DAMAGE TO THIS AGREEMENT PROPERTY; CLAIMS OF THIRD PARTIES; OR THAT RESULT FROM THE USE OTHER LOSSES OF ANY KIND OR THE INABILITY TO USE THE SERVICE OFFERINGSCHARACTER, EVEN IF SUCH PARTY PLANTSHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLANTSHARE MARKETPLACE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.