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bring back original language in section 9 (#1243)
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eamora-ab authored Mar 8, 2024
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Expand Up @@ -52,7 +52,7 @@ Notwithstanding the foregoing, Licensor represents and warrants that it either o

9. Limitation of Liability.

Except for indemnification obligations in Section 13.5, in no event will Licensor liability exceed the Software license price as indicated in the invoice. The existence of more than one claim will not enlarge or extend this limit.
In no event will either party be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages or liabilities whatsoever arising from or relating to the Software, the Software content or this Agreement, whether based on contract, tort (including negligence), strict liability or other theory, even if such party has been advised of the possibility of such damages. Except for indemnification obligations in Section 13.5, in no event will Licensor liability exceed the Software license price as indicated in the invoice. The existence of more than one claim will not enlarge or extend this limit.

10. Remedies. Your exclusive remedy and Licensor’ entire liability for breach of this Agreement shall be limited, at Licensor’ sole and exclusive discretion, to (a) replacement of any defective software or documentation; or (b) refund of the license fee paid to Licensor, payable in accordance with Licensor' refund policy.

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