Broadband ITV v. OpenTV CA1/3
Plaintiff Broadband ITV, Inc. (Broadband) licensed its software to defendant OpenTV, Inc. (OpenTV) through a license agreement (Agreement) that contained a limitation of liability provision. The provision states, “[i]n no event will the total liability of either party hereunder to the other party exceed, either individually or in the aggregate, the aggregate revenue share payments, if any, made by OpenTV under this Agreement (the ‘Cap’).” (All caps. omitted.)
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