Incidental damages not excluded

In the Pactix liability-limitation section, incidental damages are not excluded. See generally UCC § 2-710 (provider's incidental damages) and § 2?715(1) (buyer's incidental and consequential damages).

Only "arising from breach" damages are limited

The Pactix liability limitation intentionally excludes only damages "arising from" breach of the agreement, not those "relating to" the contract. The latter might well be a broader disclaimer than the parties are willing to agree to up front.

Each party agrees not to seek

Conceivably, even if a declaration of limited liability were to be ruled ineffective, an agreement not to assert liability in excess of the specific limits might still be enforced. See also No assertion otherwise.

Carve-outs for injury to person, etc.

The liability limitations do not apply to The first sentence is adapted from that of UCC § 2?715 (which technically applies only to sales of goods but is used here without such restriction).