/Docs/G/Microsoft-DUA-OAI/Sec/Misc/LimitLiability/0.md
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Note = [OPTIONAL:]
Ti = Limitations of Liability
0.sec = Except in the event of {_Data_User}’s material breach of Section {Conf.Xnum} or unauthorized use of the {_Training_Data}:
1.sec = in no event will either {_party} be liable for indirect, incidental, special, punitive, or consequential damages, including loss of use, loss of profits, or interruption of business, however caused or on any theory of liability in relation to this {_Agreement}, and
2.sec = to the extent permitted by applicable law, each {_party}’s total liability for all claims relating to this {_Agreement} will be limited to {LimitLiability.Max.$}.
= [G/Z/ol-i/s2]
Comment: This optional clause should be included when the parties wish to exclude the recovery of indirect damages and/or to cap liability at a specific dollar amount. This clause has not been made mandatory as the nature and sensitivity of the Training Data may drive parties to adopt different approaches. There may also be instances in which the parties may wish to include the provision but to make it one-way in favor of Data Provider, e.g., where the Data Provider is providing the data strictly “as is” but could be exposed to losses if the data is misused by Data User. =