Laserfiche WebLink
CAUSE OF ACTION FOR BREACH OF CONTRACT, UNDER TORT THEORY, OR <br />OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR <br />CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS OR REVENUES, EVEN IF <br />MOTOROLA HAS BEEN ADVISED BY CUSTOMER OR ANY THIRD PARTY OF THE <br />POSSIBILITY OF SUCH DAMAGES OR LOSSES AND WHETHER OR NOT SUCH DAMAGES <br />OR LOSSES ARE FORESEEABLE. <br />8.2. DIRECT DAMAGES. EXCEPT FOR PERSONAL INJURY OR DEATH, THE TOTAL <br />AGGREGATE LIABILITY OF THE MOTOROLA PARTIES, WHETHER BASED ON A CLAIM IN <br />CONTRACT OR IN TORT, LAW OR EQUITY, RELATING TO OR ARISING OUT OF THE <br />AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER. <br />NOTWITHSTANDING THE FOREGOING, FOR ANY SUBSCRIPTION SOFTWARE OR FOR <br />ANY RECURRING SERVICES, THE MOTOROLA PARTIES' TOTAL LIABILITY FOR ALL <br />CLAIMS RELATED TO SUCH PRODUCT OR RECURRING SERVICES IN THE AGGREGATE <br />WILL NOT EXCEED THE TOTAL FEES PAID FOR SUCH SUBSCRIPTION SOFTWARE OR <br />RECURRING SERVICE, AS APPLICABLE, DURING THE CONSECUTIVE TWELVE (12) <br />MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FROM WHICH THE FIRST CLAIM <br />AROSE. <br />8.3. ADDITIONAL EXCLUSIONS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS <br />AGREEMENT, MOTOROLA WILL HAVE NO LIABILITY FOR DAMAGES ARISING OUT OF (A) <br />CUSTOMER DATA, INCLUDING ITS TRANSMISSION TO MOTOROLA, OR ANY OTHER DATA <br />AVAILABLE THROUGH THE PRODUCTS OR SERVICES; (B) CUSTOMER -PROVIDED <br />EQUIPMENT, NON-MOTOROLA CONTENT, THE SITES, OR THIRD -PARTY EQUIPMENT, <br />HARDWARE, SOFTWARE, DATA, OR OTHER THIRD -PARTY MATERIALS, OR THE <br />COMBINATION OF PRODUCTS AND SERVICES WITH ANY OF THE FOREGOING; (C) LOSS <br />OF DATA OR HACKING, RANSOMWARE, OR OTHER THIRD -PARTY ATTACKS OR <br />DEMANDS; (D) MODIFICATION OF PRODUCTS OR SERVICES BY ANY PERSON OTHER <br />THAN MOTOROLA; (E) RECOMMENDATIONS PROVIDED IN CONNECTION WITH OR BYTHE <br />PRODUCTS AND SERVICES; (F) DATA RECOVERY SERVICES OR DATABASE <br />MODIFICATIONS; OR (G) CUSTOMER'S OR ANY AUTHORIZED USER'S BREACH OF THIS <br />AGREEMENT OR MISUSE OF THE PRODUCTS AND SERVICES. <br />8.4. Voluntary Remedies. Motorola is not obligated to remedy, repair, replace, or refund the <br />purchase price for the disclaimed issues in Section 8.3 — Additional Exclusions above, but if <br />Motorola agrees to provide Services to help resolve such issues, Customer will reimburse <br />Motorola for its reasonable time and expenses, including by paying Motorola any Fees set forth <br />in an Ordering Document for such Services, if applicable. <br />8.5. Statute of Limitations. Customer may no <br />connection with this Agreement or the Products <br />date of accrual of the cause of action. <br />9. Confidentiality. <br />t <br />bring any claims against a Motorola Party in <br />and Services more than one (1) year after the <br />9.1. Confidential Information. "Confidential Information" means any and all non-public <br />information provided by one Party ("Discloser") to the other ("Recipient") that is disclosed under <br />this Agreement in oral, written, graphic, machine recognizable, or sample form, being clearly <br />designated, labeled or marked as confidential or its equivalent or that a reasonable <br />businessperson would consider non-public and confidential by its nature. With respect to <br />Motorola, Confidential Information will also include Products and Services, and Documentation, <br />as well as any other information relating to the Products and Services. The nature and existence <br />of this Agreement are considered Confidential Information of the Parties. In order to be considered <br />Motorola Customer Agreement <br />