This question is for any in-house lawyers who work for Software companies, particularly running a SaaS revenue model. I assume your form agreement excludes incidental/consequential/special etc. damages and your LOL provision limits exposure to what was paid by customer in past 12 months. (lets forget about gross negligence for this question). We've just this year started running into some big prospects pushing hard to carve out not only "IP infringement" indemnification obligations but all "data breach" and notification of affected individuals expenses from any liability cap. Do you/have you ever accept[ed] this?
Your vote: Yes, but only for "IP infringement" and "data"/"confidentiality" breach