limitation of damages willful malicious
Under the agreementâs limitation of liability clause, the developer was absolved from any liability for certain indirect damages. There was an exception to the limitation of liability for, among other things, damages arising out of the developerâs willful acts or gross negligence.
The parties often exclude from those limitations on liability damages caused by gross negligence or willful misconduct. The definitions of gross negligence and willful misconduct vary by state and the conduct that courts consider as falling under those definiÂ­tions depends on the facts of each case.