[Back] [Score 2] While it is true that this type of provision is relatively common in vendor standard forms, that does not mean that a prospective customer with significant negotiating leverage (such as General Hospital) could not insist that the language be modified in order to make it somewhat less onerous.
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Modify the second sentence by increasing the maximum liability to the greater of (a) "any amounts paid by Licensee for the Software" or (b) some specified dollar amount.