This License and Services Agreement (this “Agreement”) constitutes a binding agreement between the Global entity listed in the Purchase Agreement (“insightsoftware”) and you (“Customer” or “You”) with the same force and effect as a negotiated written agreement signed by You. This Agreement provides the terms and conditions upon which insightsoftware may grant Customer a license to use proprietary software and documentation including standard installation materials, specifications, and online user documents as normally made available by insightsoftware in connection with specific Software (“Documentation”) (such proprietary software and Documentation and all updates thereto provided to You by insightsoftware, are collectively called the “Software“), and the provision of other related services by insightsoftware, which may include providing Software to Customer on a Software-as-a-Service basis (“Services”). By clicking “I Agree”, or by signing or otherwise accepting a Purchase Agreement (as defined below) that refers to and/or incorporates this Agreement, You accept all the terms and conditions of this Agreement. If You DO NOT agree to the terms and conditions of this Agreement, DO NOT click “I Agree” or sign a Purchase Agreement.
IN NO EVENT SHALL either party BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL or punitive DAMAGES OF ANY KIND, or for any lost profits or lost revenue, even if such party has been advised of the possibility of such damages. the foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies.
insightsoftware’s third party suppliers disclaim any and all direct liability to Customer and its Affiliates under this Agreement, including but not limited to, liability for direct, indirect, incidental, special and consequential damages, including lost profits, loss of data and other such damages.