can’t understand : WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION

IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR
ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

It is a long sentence,let’s short it as following.

THE AUTHOR SHALL NOT BE LIABLE FOR
ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

Now there are three sub-clauses here.
item1.
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS
It is a modifier ,to modify damage.
The damage result from lose of use,data or profits.

item2.
WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION

Confused about it.

item3.
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE
It is a modifier ,to modify damage ,same as item1.
The damages arise out of or in connection with the use or performance of this software.

My questions are:
1.My analyses for item1 and item3 right or not?
2.How to analyse item2?

Answer

At first sight, this seems to be a legal rather than a linguistic question in that it is legal interpretation that will ultimately confirm our correct understanding of the text. It is true that there are three reduced subordinate clauses. I’ll mark their beginning and end:

IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ( RESULTING FROM LOSS OF USE, DATA OR PROFITS, [ WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION ] , [ ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE ] ).

  1. Damages may result from loss of use, data or profits.

  2. Loss of use, data or profits may occur in an action of contract, negligence or other tortious action.

  3. Losses may arise out of or in connection with the use or performance of this software.

(1) indicates the kind of damages.

(2) indicates the legal origin of the loss.

(3) indicates the temporal circumstances in which such loss may occur.

Attribution
Source : Link , Question Author : showkey , Answer Author : Gustavson

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