Common use of Limitations of Remedies and Liability Clause in Contracts

Limitations of Remedies and Liability. CUSTOMER AGREES THAT UNDER NO CIRCUMSTANCES SHALL DIGI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, OR REVENUE, LOSS OF USE OF EQUIPMENT OR SOFTWARE OR COST OF SUBSTITUED FACILITI ES, EQUIPMENT, SOFTWARE, OR SERVICES, RELATED IN ANY MANNER TO PERFORMANCE OR NONPERFORMANCE UNDER THIS AGREEMENT WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. CUSTOMER SPECIFICALLY RELEASES DIGI AND AGREES TO HOLD DIGI HARMLESS FROM ANY AND ALL COSTS (INCLUDING ATTORNEYS FEES), LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, AND LOSS OF LIFE ARISING OUT OF NEGLIGENCE OR RELATING TO ITS PERFORMANCE OR NON-PERFORMANCE UNDER THE AGREEMENT. ANY REMAINING LIABILITY OF DIGI SHALL BE LIMITED TO NO MORE THAN THE AMOUNT PAID BY CUSTOMER FOR SUPPORT UNDER THE SERVICE AGREEMENT DURING THE 12 MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO ANY CLAIM. THE PARTIES ACKNOWLEDGE THAT THIS LIMITATION IS A FACTOR IN THE PRICE EXTENDED TO CUSTOMER. THIS REMEDY IS IN LIEU OF ALL OTHER REMEDIES WHICH, WITHOUT THIS LIMITATION, WOULD BE AVAILABLE TO CUSTOMER.

Limitations of Remedies and Liability. SIMPLEX'S TOTAL AGGREGATE LIABILITY TO CUSTOMER AGREES THAT UNDER NO CIRCUMSTANCES SHALL DIGI BE LIABLE FOR ANY INDIRECTREASON AND UPON ANY CAUSE OF ACTION INCLUDING WITHOUT LIMITATION, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS BREACH OF PROFITS, OR REVENUE, LOSS OF USE OF EQUIPMENT OR SOFTWARE OR COST OF SUBSTITUED FACILITI ES, EQUIPMENT, SOFTWARE, OR SERVICES, RELATED IN ANY MANNER TO PERFORMANCE OR NONPERFORMANCE UNDER THIS AGREEMENT WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. CUSTOMER SPECIFICALLY RELEASES DIGI AND AGREES TO HOLD DIGI HARMLESS FROM ANY AND ALL COSTS (INCLUDING ATTORNEYS FEES), LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGEMISREPRESENTATIONS, AND LOSS OF LIFE ARISING OUT OF NEGLIGENCE OR RELATING TO ITS PERFORMANCE OR NON-PERFORMANCE UNDER THE AGREEMENT. ANY REMAINING LIABILITY OF DIGI SHALL BE OTHER TORTS, IS LIMITED TO NO MORE THAN (1) IN THE AMOUNT CASE OF CUSTOMER ON A MONTHLY PAYMENT PLAN, ALL FEES PAID TO SIMPLEX BY THE CUSTOMER IN RESPECT OF USER LICENSES FOR SUPPORT UNDER THE SERVICE AGREEMENT SYSTEM DURING THE 12 MONTH PERIOD PRIOR TO THREE MONTHS IMMEDIATELY PRECEDING THE EVENT EVENTS GIVING RISE TO ANY CLAIM. THE PARTIES ACKNOWLEDGE THAT THIS LIMITATION IS A FACTOR LIABILITY; (2) IN THE PRICE EXTENDED CASE OF CUSTOMER ON AN ANNUAL PAYMENT PLAN, ALL FEES PAID TO CUSTOMERSIMPLEX BY THE CUSTOMER IN RESPECT OF USER LICENSES FOR THE SYSTEM DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY; OR (3) IN THE CASE OF CUSTOMER USING ONLY A FREE EDITION OF THE SYSTEM, ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS REMEDY IS IN LIEU OF ALL CUSTOMER ACKNOWLEDGES AND AGREE THAT IT CANNOT RECOVER ANY OTHER REMEDIES WHICHDAMAGES, WITHOUT THIS LIMITATIONINCLUDING CONSEQUENTIAL, WOULD BE AVAILABLE TO CUSTOMERLOST PROFITS, SPECIAL, EXEMPLARY, INDIRECT OR INCIDENTAL DAMAGES AND HEREBY WAIVES ANY CLAIM THERETO, WHETHER OR NOT SIMPLEX KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY THEREOF.

Limitations of Remedies and Liability. CUSTOMER AGREES THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER NO CIRCUMSTANCES SHALL DIGI BE LIABLE ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, INCLUDING BUT NOT LIMITED TOTOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, LOSS OF PROFITS, OR REVENUE, LOSS OF USE OF EQUIPMENT OR SOFTWARE OR COST OF SUBSTITUED FACILITI ES, EQUIPMENT, SOFTWARE, OR SERVICES, RELATED IN ANY MANNER EXCEED THE FEES PAID BY CUSTOMER TO PERFORMANCE OR NONPERFORMANCE COMPANY FOR THE SERVICES UNDER THIS AGREEMENT WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. CUSTOMER SPECIFICALLY RELEASES DIGI AND AGREES TO HOLD DIGI HARMLESS FROM ANY AND ALL COSTS (INCLUDING ATTORNEYS FEES), LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, AND LOSS OF LIFE ARISING OUT OF NEGLIGENCE OR RELATING TO ITS PERFORMANCE OR NON-PERFORMANCE UNDER THE AGREEMENT. ANY REMAINING LIABILITY OF DIGI SHALL BE LIMITED TO NO MORE THAN THE AMOUNT PAID BY CUSTOMER FOR SUPPORT UNDER THE SERVICE AGREEMENT DURING THE 12 MONTH PERIOD MONTHS PRIOR TO THE EVENT GIVING ACT THAT GAVE RISE TO ANY CLAIM. THE PARTIES ACKNOWLEDGE THAT THIS LIMITATION IS A FACTOR LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE PRICE EXTENDED TO CUSTOMER. THIS REMEDY IS IN LIEU POSSIBILITY OF ALL OTHER REMEDIES WHICH, WITHOUT THIS LIMITATION, WOULD BE AVAILABLE TO CUSTOMERSUCH DAMAGES.

Limitations of Remedies and Liability. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AGREES THAT UNDER IN NO CIRCUMSTANCES EVENT SHALL DIGI LICENSOR, OR ITS SERVICE PROVIDERS BE LIABLE LIABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL BREACH OR NEGLIGENCE, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO, WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS, LOST OR REVENUEDAMAGED DATA, LOSS OF USE GOODWILL, BUSINESS OPPORTUNITIES, REPUTATION, COSTS OF EQUIPMENT REPLACEMENT GOODS OR SOFTWARE SERVICES) ARISING OUT OF OR COST IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF SUBSTITUED FACILITI ESTHE POSSIBILITY OF SUCH DAMAGES OR SUCH LOSSES OR DAMAGES ARE FORESEEABLE. LICENSOR AND ITS SERVICE PROVIDER’S TOTAL LIABILITY TO CUSTOMER AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES, EQUIPMENT, THE SOFTWARE, THE SUPPORT SERVICES AND ANY OTHER PRODUCTS, MATERIALS OR SERVICES, RELATED SERVICES SUPPLIED BY LICENSOR IN ANY MANNER TO PERFORMANCE OR NONPERFORMANCE UNDER CONNECTION WITH THIS AGREEMENT FOR DAMAGES FOR ANY CAUSE AND REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACTCONTRACT OR IN TORT, TORT (INCLUDING FUNDAMENTAL BREACH, NEGLIGENCE), OR STRICT LIABILITY, OR OTHERWISE. SHALL NOT EXCEED ALL FEES PAID TO LICENSOR BY THE CUSTOMER SPECIFICALLY RELEASES DIGI AND AGREES TO HOLD DIGI HARMLESS FROM ANY AND ALL COSTS (INCLUDING ATTORNEYS FEES), LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, AND LOSS OF LIFE ARISING OUT OF NEGLIGENCE OR RELATING TO ITS PERFORMANCE OR NON-PERFORMANCE UNDER THE AGREEMENT. ANY REMAINING LIABILITY OF DIGI SHALL BE LIMITED TO NO MORE THAN THE AMOUNT PAID BY CUSTOMER FOR SUPPORT UNDER THE SERVICE AGREEMENT DURING THE 12 MONTH ONE YEAR PERIOD PRIOR TO IMMEDIATELY PRECEDING THE EVENT EVENTS GIVING RISE TO ANY CLAIM. THE PARTIES ACKNOWLEDGE THAT THIS LIMITATION IS A FACTOR IN THE PRICE EXTENDED TO CUSTOMER. THIS REMEDY IS IN LIEU OF ALL OTHER REMEDIES WHICH, WITHOUT THIS LIMITATION, WOULD BE AVAILABLE TO CUSTOMERLIABILITY.