Is copyright infringement...

... covered by your software license agreement's consequential damages disclaimer? Piper v. SunGard.

The gist: to the extent you base your copyright claim on breach of contract, perhaps.

When even service level...

.... commitments are not enough: Silicon Knights v. Epic.

Dick Butkus as...

... intellectual property licensing plaintiff?

I should see if I can dig up the complaint to see what it says about the license granted.

Word to the wise, if you're licensing something valuable, like your name or persona, run it by a lawyer first.