Neither party is responsible for indirect, accidental, exemplary, special or consecutive damages; loss or damage to data, interruption or loss of operations; Revenue, profits, revenue or expected turnover or savings. The maximum overall liability of each party under this CLU is limited to (a) for rights derived exclusively from permanently licensed software, the fees that Cisco receives for this software; or (b) for all other claims, the fees that Cisco receives for applicable Cisco technology and are attributable to the 12-month period just prior to the first event that creates liability. By installing and using the software, you declare and guarantee that you have the legal capacity and authority to enter into a binding agreement to comply with the terms of that license and that the software is used only in accordance with the terms of that license and with all applicable laws. Subject to the terms of this CAU, carbonTRACK grants you a limited and non-exclusive license (without the right to sublicensing) to run a copy (1) of the software produced only in executable object code, only on the product you own or control and only for use in relation to the product for personal use. You are not allowed to transfer your RIGHTS and/or obligations from the CLUE unless you have the prior written consent of carbonTRACK. Most retail software licenses reject (as far as local laws permit) any guarantee on the performance of the software and limit liability in case of damage to the purchase price of the software. One known case that confirmed such a disclaimer is Mortenson v. Timberline. A common criticism of end-user licensing contracts is that they are often far too long for users to spend time reading them carefully. In March 2012, the PayPal end-user license agreement was 36,275 words[15] and in May 2011, the iTunes agreement was 56 pages long.

[16] The sources of information that reported these results stated that the vast majority of users do not read the documents because of their length.