Common use of Limitation on Indirect Liability Clause in Contracts

Limitation on Indirect Liability. LICENSOR, ITS AFFILIATES AND RESELLERS, WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, LOSS OF PROFITS OR SAVINGS, LOSS OR CURRUPTION OF DATA, OR LOSS OR INTERRUPTION OF BUSINESS), EVEN IF LICENSOR, ITS AFFILIATES OR THE APPLICABLE RESELLER KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF, THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY AS A REMEDY. FURTHER, LICENSOR, ITS AFFILIATES AND RESELLERS WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) LICENSEE'S INABILITY TO USE THE TECHNOLOGY; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY LICENSEE IN CONNECTION WITH THIS AGREEMENT OR LICENSEE'S EXERCISE OF THE LICENSE; OR (D) ANY UNAUTHORIZED ACCESS OR DAMAGE TO, OR ALTERATION, DELETION, DESTRUCTION, LOSS OR FAILURE TO STORE ANY OF, LICENSEE INFORMATION OR OTHER DATA.

Limitation on Indirect Liability. LICENSOR, ITS AFFILIATES AND RESELLERS, WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, LOSS OF PROFITS OR SAVINGS, LOSS OR CURRUPTION OF DATA, OR LOSS OR INTERRUPTION OF BUSINESS), EVEN IF LICENSOR, ITS AFFILIATES OR THE APPLICABLE RESELLER KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF, THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY AS A REMEDY. FURTHER, LICENSOR, ITS AFFILIATES AND RESELLERS WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: : (A) LICENSEE'S ’S INABILITY TO USE THE TECHNOLOGY; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY LICENSEE IN CONNECTION WITH THIS AGREEMENT OR LICENSEE'S ’S EXERCISE OF THE LICENSE; OR (D) ANY UNAUTHORIZED ACCESS OR DAMAGE TO, OR ALTERATION, DELETION, DESTRUCTION, LOSS OR FAILURE TO STORE ANY OF, LICENSEE INFORMATION OR OTHER DATA.

Limitation on Indirect Liability. LICENSORTO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR EMBEDSPACE OR CUSTOMER'S INDEMNIFICATION OBLIGATIONS, NEITHER CUSTOMER NOR EMBEDSPACE AND ITS AFFILIATES AND RESELLERSLICENSORS , SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, LOSS OF PROFITS OR SAVINGS, LOSS OR CURRUPTION OF DATA, OR LOSS OR INTERRUPTION OF BUSINESS), EVEN IF LICENSOR, ITS AFFILIATES OR THE APPLICABLE RESELLER KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF, THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY AS A REMEDY. FURTHER, LICENSOR, ITS AFFILIATES AND RESELLERS WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) LICENSEE'S INABILITY TO USE THE TECHNOLOGY; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY LICENSEE IN CONNECTION WITH THIS AGREEMENT OR LICENSEE'S EXERCISE ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (A) LOSS OF USE, DATA, BUSINESS, REVENUES OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT) OR DIMINUTION IN VALUE; (B) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE LICENSE; SERVICES, OTHER THAN FOR THE ISSUANCE OF ANY APPLICABLE SERVICE CREDITS, (C) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY, OR (D) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY UNAUTHORIZED ACCESS OR DAMAGE TO, OR ALTERATION, DELETION, DESTRUCTION, LOSS OR FAILURE TO STORE ANY OF, LICENSEE INFORMATION AGREED OR OTHER DATAREMEDY OF ITS ESSENTIAL PURPOSE.

Limitation on Indirect Liability. LICENSOR, ITS AFFILIATES AND RESELLERS, WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, LOSS OF PROFITS OR SAVINGS, LOSS OR CURRUPTION OF DATA, OR LOSS OR INTERRUPTION OF BUSINESS), EVEN IF LICENSOR, ITS AFFILIATES OR THE APPLICABLE RESELLER KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF, THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY AS A REMEDY. FURTHER, LICENSOR, ITS AFFILIATES AND RESELLERS WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: : (A) LICENSEE'S INABILITY TO USE THE TECHNOLOGY; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY LICENSEE IN CONNECTION WITH THIS AGREEMENT OR LICENSEE'S EXERCISE OF THE LICENSE; OR (D) ANY UNAUTHORIZED ACCESS OR DAMAGE TO, OR ALTERATION, DELETION, DESTRUCTION, LOSS OR FAILURE TO STORE ANY OF, LICENSEE INFORMATION OR OTHER DATA.

Limitation on Indirect Liability. LICENSOR, ITS AFFILIATES AND RESELLERS, THE COMPANY WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR ANY LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES (CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUESLOST PROFITS, LOSS OF PROFITS OR SAVINGSDATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, PERSONAL INJURY OR CURRUPTION PROPERTY DAMAGE, OF DATAANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR LOSS OR INTERRUPTION USE OF BUSINESS), OUR SERVICES EVEN IF LICENSOR, ITS AFFILIATES THE COMPANY KNEW OR THE APPLICABLE RESELLER KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF, THAT SUCH DAMAGES WERE POSSIBLE POSSIBLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY AND EVEN IF DIRECT DAMAGES DO A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Limitation on Amount of Liability. THE COMPANY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT SATISFY AS A REMEDY. FURTHER, LICENSOR, ITS AFFILIATES AND RESELLERS WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: EXCEED THE GREATER OF (A) LICENSEE'S INABILITY TO USE THE TECHNOLOGY; (BI) THE COST AMOUNT OF PROCUREMENT FEES COLLECTED BY THE COMPANY IN RESPECT OF SUBSTITUTE GOODS OR SERVICES; (CTRANSACTIONS TO WHICH THE USER MAKING THE CLAIM(S) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY LICENSEE IN CONNECTION WITH THIS AGREEMENT OR LICENSEE'S EXERCISE OF HEREUNDER WAS A PARTY DURING THE LICENSETWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY; OR (DII) ANY UNAUTHORIZED ACCESS OR DAMAGE TO, OR ALTERATION, DELETION, DESTRUCTION, LOSS OR FAILURE TO STORE ANY OF, LICENSEE INFORMATION OR OTHER DATA$100. THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND USER.

Limitation on Indirect Liability. LICENSOREXCEPT 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 AND RESELLERSAFFILIATES, WILL NOT CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS, BE LIABLE UNDER THIS AGREEMENT FOR ANY SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUESPROFITS, LOSS OF PROFITS OR SAVINGS, LOSS OR CURRUPTION OF DATA, OR LOSS USE OR INTERRUPTION COST OF BUSINESS), EVEN IF LICENSOR, ITS AFFILIATES COVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM THE USE OF OR THE APPLICABLE RESELLER KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF, THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY AS A REMEDY. FURTHER, LICENSOR, ITS AFFILIATES AND RESELLERS WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) LICENSEE'S INABILITY TO USE THE TECHNOLOGY; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTSSERVICE OFFERINGS, EXPENDITURES, OR COMMITMENTS BY LICENSEE IN CONNECTION WITH THIS AGREEMENT OR LICENSEE'S EXERCISE EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE LICENSE; OR (D) ANY UNAUTHORIZED ACCESS OR DAMAGE TO, OR ALTERATION, DELETION, DESTRUCTION, LOSS OR FAILURE TO STORE ANY OF, LICENSEE INFORMATION OR OTHER DATA.POSSIBILITY OF SUCH DAMAGES. 间接责任限制。除双方在本协议项下的赔偿义务、未能支付本协议项下应付的费 用、违反第2条规定及贵方或贵方用户侵犯我方或我方许可方的知识产权（统称“限制例外情况”）外，在任何情况下，根据任何法律理论，包括但不限于疏忽，任何一方或其关联方、承包商、雇员、代理人或第三方合作伙伴、许可方或供应商，均不 10.1 承担因本协议产生的或与本协议有关的或因使用或未能使用服务产品而产生的任何特殊性、间接性、附带性、后果性或惩罚性损害赔偿（包括但不限于利润损失、数据丢失、使用损失或弥补费用），即使该方已被告知发生该损害赔偿的可能性。