LIMITATION AND EXCLUSION OF LIABILITY Sample Clauses
POPULAR SAMPLE Copied 11 times
LIMITATION AND EXCLUSION OF LIABILITY. 1. 6. 1. Traction Software Limited does not exclude its liability (if any) to you:
1. 6. 1. 1. for personal injury or death resulting from Traction Software Limited’s negligence;
2. 6. 1. 2. for any matter for which it would be illegal for Traction Software Limited to exclude or to attempt to exclude its liability; or
3. 6. 1. 3. for fraud.
2. 6. 2. Traction Software Limited makes no express warranties with respect to the Software and Traction Software Limited hereby excludes (to the fullest extent permissible in law), all conditions, warranties (including without limitation any warranty that the Software will meet your requirements or that its operation will be uninterrupted or error free) and stipulations, express (other than those set out in this License) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of you. Except as set out in this License you assume the entire risk as to the quality and performance of the Software.
3. 6. 3. Subject to clause 6. 1 Traction Software Limited will be under no liability to you whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of data, loss of savings, depletion of goodwill and like loss) howsoever caused arising out of or in connection with:
1. 6. 3. 1. the Software, or the manufacture or sale or supply, or failure or delay in supply, of the Software by Traction Software Limited or on the part of Traction Software Limited’s employees, agents or sub-contractors;
2. 6. 3. 2. any breach by Traction Software Limited of any of the express or implied terms of this License;
3. 6. 3. 3. any use made of the Software; or
4. 6. 3. 4. any statement made or not made, or advice given or not given, by or on behalf of Traction Software Limited.
4. 6. 4. Subject to clause 6. 1 and without prejudice to clauses 6. 2 and 6. 3 , Traction Software Limited’s aggregate liability under this License(whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or consequential loss (all three of which terms include without limitation of profits, loss of business, depletion of goodwill and like loss) howsoever caused (other than for death or personal injury cau...
LIMITATION AND EXCLUSION OF LIABILITY. Neither we nor any of our affiliated companies, nor any of our or their officers, directors, employees, or agents will be liable for delays or failure to perform repairs due to circumstances beyond our reasonable control, including labor strikes or disputes, natural catastrophes, civil disturbances, weather, material shortages, terrorism, unusual work loads, acts of God, fire, flood, acts of any governmental body, or any other cause beyond our or their reasonable control. Our liability and their liability, in total, for damages caused by or arising out of a failure to perform the service covered by the IWP/HWP Plan in a proper and timely manner, shall in no event exceed the lesser of (i) $100, or (ii) the actual cost to repair, replace or install the Standard Inside Wire and Covered Components (except to the extent additional monetary remedies are provided for in the Dispute Resolution by Binding Arbitration provision below). Neither we nor any of our affiliated companies, nor any of our or their officers, directors, employees, or agents will be responsible or liable for defacement or damage to customer premises occasioned by drilling of holes, or in the attachment and removal of wiring and equipment with standard screws, staples, hooks, fasteners and adhesives when performed in a workmanlike manner. NEITHER WE NOR ANY OF OUR AFFILIATED COMPANIES, NOR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE UNDER ANY CIRCUMSTANCES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS DIRECTLY OR INDIRECTLY ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF SERVICES COVERED UNDER THE INLINE/HWP PLAN. IN ADDITION, NEITHER WE NOR ANY OF OUR AFFILIATED COMPANIES, NOR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE UNDER ANY CIRCUMSTANCES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS FOR THE MALFUNCTIONING OR NON- FUNCTIONING OF ANY APPARATUS CONNECTED TO YOUR INSIDE WIRE, SUCH AS AUTOMATIC DIALERS, FIRE AND BURGLAR ALARMS, METERS, SENSORS, ANSWERING DEVICES, TELEVISIONS, PERSONAL COMPUTERS, AND TELEPHONES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OR EXCLUSIONS IN THE SECTIONS ABOVE ENTITLED “LIMITED WARRANTY” AND “LIMITATION AND EXCLUSION OF LIABILITY” MAY NOT APPLY TO YOU. All disagreements and disput...
LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT, STRICT LIABILITY OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES).
11.2 IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS, LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
11.3 NOTHING IN THIS SECTION 11 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.
LIMITATION AND EXCLUSION OF LIABILITY. 6.1 Nothing in this Agreement shall limit or exclude either party’s liability for: (a) personal injury or death resulting from negligence; (b) fraud; or (c) any other matter for which liability cannot be excluded by law.
6.2 Subject to clause 6.1 and other than as provided in clause 10.10.2(ii), neither party shall be liable to the other party for any indirect, special or consequential loss or damage whatsoever arising under or in relation to this Agreement (whether in contract, tort (including negligence), or otherwise). We shall not be liable to You for any of the following types of loss or damage arising under or in relation to this Agreement: (a) any loss of profits, business, contracts, anticipated savings, goodwill, or revenue; or (b) any loss, or corruption, of software or data; or (c) any loss of use of hardware, software or data.
6.3 Subject to clauses 6.1 and 6.2, Our aggregate liability under and in connection with this Agreement howsoever caused shall be limited in all cases to the aggregate sum of the License Fees paid in the 12 months prior to the event giving rise to the liability. In relation to the Core Edition Software, Preview Software and Freeware, Our sole liability under this Agreement, subject to clause 6.1 shall be limited to ten pounds (GBP10).
6.4 The provisions of this clause allocate risks under this Agreement between You and Us, and the Fees reflect this allocation of risks and these limitations of liability.
LIMITATION AND EXCLUSION OF LIABILITY. 10.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, ALL WARRANTIES AND CONDITIONS WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW.
10.2 NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR RESTRICT IN ANY WAY THE LIABILITY OF EITHER PARTY ARISING FROM OR IN CONNECTION WITH:
10.2.1 DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, OR THAT OF ITS EMPLOYEES, AGENTS OR SUB-CONTRACTORS (AS APPLICABLE); OR
10.2.2 FRAUD, FRAUDULENT ACTIVITY OR FRAUDULENT MISREPRESENTATION BY IT OR ITS EMPLOYEES, AGENTS OR SUB-CONTRACTORS (AS APPLICABLE); OR
10.2.3 ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
10.3 SUBJECT TO CLAUSE 10.2, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY IN CONTRACT, TORT OR OTHERWISE FOR ANY:
10.3.1 LOSS OF SALES OR BUSINESS;
10.3.2 LOSS OF REVENUE;
10.3.3 LOSS OF PROFIT;
10.3.4 LOSS OF USE OR CORRUPTION OF SOFTWARE, DATA OR INFORMATION;
10.3.5 LOSS OF CONTRACTS;
10.3.6 WASTED EXPENDITURE;
LIMITATION AND EXCLUSION OF LIABILITY. To the extent permitted by law:
(a) if You claim non-compliance with a consumer guarantee applicable to goods or services supplied to You in connection with the Event, Our liability and that of the Host is limited, in the case of:
(i) goods, to the replacement of the goods or the cost of having the goods replaced or repaired; and
(ii) services, to the resupply of the services or the cost of having the services resupplied; and
(b) in all other cases, Our liability and that of the Host for any cause of action, including but not limited to breach of contract, negligence or other breach of duty, is limited to the sum of the monies actually paid by You in connection with Your registration for the Event and neither We nor the Host will be liable for loss of profit, loss or revenue, lost cost savings, loss of opportunity, loss of enjoyment or indirect or consequential loss of any kind.
LIMITATION AND EXCLUSION OF LIABILITY a. Nothing in these Terms of Sale limits or excludes the liability of:
i. Either party to the other for:
1. bodily injury or death resulting directly from the negligence of the other party;
2. fraud or fraudulent misrepresentation;
3. a breach of Section 9 (Confidentiality); or
LIMITATION AND EXCLUSION OF LIABILITY a. This Paragraph 9 of these Terms and Conditions prevails over all of this Agreement and sets out the entire Liability (as defined in Paragraph 9.g below) of Taboola, and the sole and exclusive remedies of Publisher, in respect of: (i) performance, non- performance, purported performance, delay in performance, or mis-performance of this Agreement, the Service, or of any services in connection with this Agreement; or (ii) otherwise in relation to this Agreement or entering into this Agreement.
b. Neither Party shall exclude or limit its Liability for: (i) its fraud; or
LIMITATION AND EXCLUSION OF LIABILITY. 10.1 We do not exclude our liability (if any) to you:
10.1.1 for personal injury or death resulting from our negligence;
10.1.2 for fraud; or
10.1.3 for any other matter for which liability cannot be excluded by law.
10.2 Subject to clause 10.1, we shall not be liable to you for any of the following types of loss or damage arising under or in relation to the Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise):
10.2.1 any loss of profits, business, contracts, anticipated savings, goodwill, or revenue; or
10.2.2 any loss, or corruption, of software or data; or
10.2.3 any loss of use of hardware, software or data; or
10.2.4 any indirect, special or consequential loss or damage whatsoever, even if we have been advised in advance of the possibility of such loss or damage.
10.3 Subject to clauses 10.1 and 10.2, our aggregate liability under the Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) shall be limited in all cases to the Licence Fees paid for the Licensed Software in the twelve (12) months preceding the event first giving rise to the claim.
10.4 You acknowledge that the provisions of clauses 9, 10 and 13.1 are reasonable and reflected in the price which would be higher without those provisions, and you will accept such risk. In the event that any of the limitations or exemptions in the Agreement shall be found to be void, clauses 9, 10 and 13.1 shall be construed in accordance with clause 16.
LIMITATION AND EXCLUSION OF LIABILITY. 19.1 Neither ZUNDIAO nor its Affiliates shall be liable for any delay or failure to perform obligations and any losses, damages or costs resulting such delay or failure to perform obligations, unless such is directly caused by ZUNDIAO’s or its Affiliate's negligence or willful default.
19.2 ZUNDIAO and its Affiliates shall not be held responsible for any undesirable consequences resulting whether directly or indirectly from any acts, events or circumstances not reasonably within our control, including but not limited to industrial disputes, government restrictions, acts or regulations of any government or supranational bodies, authorities or regulatory bodies imposition of emergency procedures, exchange ruling, third party conduct, suspension of trading, war, strike, market conditions, civil disorder, acts or threatened acts of terrorism, natural disasters, pandemics, or other viral outbreaks (including but not limited to COVID-19), breakdown failure or malfunction of any telecommunications or computer services, or transportation delays or the failure of any relevant exchange, clearing house, broker and/or any third party for any reason to perform or discharge its obligations or any other circumstances beyond ZUNDIAO’s control whatsoever, including any errors, deficiencies or electronic data problems, computations, output, operations and other functions of any equipment and related software of ZUNDIAO and/or its agents, suppliers, vendors, or counterparts.
19.3 The Client agrees and accepts that it has not entered into this Client Agreement in reliance upon any representations, warranties or undertakings made or given by ZUNDIAO or any of its Affiliates.
19.4 ZUNDIAO is not liable in any manner whatsoever for the settlement and clearing of any orders executed by ▇▇▇▇▇▇▇.
19.5 The Client shall fully indemnify and keep fully indemnified ZUNDIAO and its Affiliates from and against (i) all and any costs, expenses, liabilities and losses whatsoever and howsoever arising (whether directly or indirectly) which ZUNDIAO may incur or suffer as a result of providing the ZUNDIAO Services to the Client; and (ii) all and any claims whatsoever and howsoever arising (whether directly or indirectly) which may be made against ZUNDIAO in the performance of the ZUNDIAO services, other than any costs, expenses, liabilities or losses that result primarily from ZUNDIAO’s gross negligence, bad faith, wilful default or fraud.