Exceptions to Limitation of Liability

Exceptions to Limitation of Liability


Section __ (Limit of Liability) does not apply to: (a) claims pursuant to any provision of this Agreement calling for liquidated damages; (b) claims pursuant to Section __ (Indemnity); or (c) claims for attorneys’ fees and other litigation costs Customer becomes entitled to recover as a prevailing party in any action.

 …

The limitations of liability in Section __ (Limit of Liability) do not apply to: (a) Customer’s obligation to pay fees pursuant to Section __ (License and Service Fees); or (b) any claims against Customer for infringement of Vendor’s intellectual property, including without limitation copyrights in the Software.