Common use of Limitation of Liabilities and Remedies Clause in Contracts

Limitation of Liabilities and Remedies. THE MATERIALS AND THE SUBSCRIPTION SERVICES (INCLUDING ALL CONTENT, SOFTWARE AND FUNCTIONS) ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND. PEARSON MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. ANY AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING WITHOUT LIMITATION, TITLE, SECURITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, OR UNINTERRUPTED ACCESS. PEARSON DISCLAIMS AND CUSTOMER WAIVES ALL LIABILITY ARISING FROM THE ACCESS, USE AND PRINTING OF THE MATERIALS AND PROVISION OF THE MATERIALS AND THE SUBSCRIPTION SERVICES. IN NO EVENT SHALL THE LIABILITY OF PEARSON TO CUSTOMER OR ANY THIRD PARTY FOR DAMAGES FOR ANY CAUSE WHATSOEVER RELATED TO OR ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY CUSTOMER TO PEARSON DURING THE PRECEDING TWELVE MONTHS. IN NO EVENT ▇▇▇▇ ▇▇▇▇▇▇▇ BE LIABLE FOR ANY LOST PROFITS, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY MATERIALS OR THE SUBSCRIPTION SERVICE EVEN IF PEARSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT ANY CLAIM ARISING FROM USE OF OR ACCESS TO THE MATERIALS PROVISION OF ANY SUBSCRIPTION SERVICES MUST BE MADE WITHIN ONE (1) YEAR OF THE FIRST DATE SUCH CLAIM FIRST ACCRUED OR SHALL BE DISMISSED AS UNTIMELY AND FOREVER BARRED. THIS LIMITATION OF LIABILITY APPLIES TO ANY EXPENSES, DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR OF OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA RECORDS, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTUOUS BEHAVIOR, NEGLIGENCE, OR FOR ANY OTHER CAUSE OF ACTION.

Limitation of Liabilities and Remedies. EXCEPT AS EXPRESSLY PROVIDED BELOW, UNDER NO CIRCUMSTANCES WILL EITHER PARTY HAVE ANY LIABILITY TO THE MATERIALS OTHER PARTY FOR, AND THE SUBSCRIPTION SERVICES (INCLUDING ALL CONTENTEACH PARTY HEREBY EXPRESSLY WAIVES, SOFTWARE AND FUNCTIONS) ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND. PEARSON MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. ANY AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING WITHOUT LIMITATION, TITLE, SECURITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, OR UNINTERRUPTED ACCESS. PEARSON DISCLAIMS AND CUSTOMER WAIVES ALL LIABILITY ARISING FROM THE ACCESS, USE AND PRINTING OF THE MATERIALS AND PROVISION OF THE MATERIALS AND THE SUBSCRIPTION SERVICES. IN NO EVENT SHALL THE LIABILITY OF PEARSON TO CUSTOMER OR ANY THIRD PARTY FOR DAMAGES FOR ANY CAUSE WHATSOEVER RELATED TO OR ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY CUSTOMER TO PEARSON DURING THE PRECEDING TWELVE MONTHS. IN NO EVENT ▇▇▇▇ ▇▇▇▇▇▇▇ BE LIABLE FOR ANY LOST PROFITSINDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY MATERIALS OR THE SUBSCRIPTION SERVICE DESCRIPTION, EVEN IF PEARSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING OUT OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, FORESEEABLE BUSINESS LOSSES, LOSS OF PROFITS, AND RELIANCE DAMAGES. CUSTOMER EXCEPT AS EXPRESSLY PROVIDED BELOW, ▇▇▇▇▇ AGREES THAT UNDER NO CIRCUMSTANCES WILL ENDOCARTS’S LIABILITY RELATING TO ITS SALE OF PRODUCTS TO BUYER FOR ANY CLAIM ARISING FROM USE OF OR ACCESS CAUSE EXCEED THE PURCHASE PRICE PAID BY BUYER FOR THE PARTICULAR PRODUCTS INVOLVED. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE MATERIALS PROVISION OF ANY SUBSCRIPTION SERVICES MUST BE MADE WITHIN ONE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT WILL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. NOTHING IN THIS AGREEMENT WILL LIMIT OR EXCLUDE ENDOCARTS’S LIABILITY FOR (1I) YEAR OF THE FIRST DATE SUCH CLAIM FIRST ACCRUED DEATH OR SHALL BE DISMISSED AS UNTIMELY AND FOREVER BARRED. THIS LIMITATION OF LIABILITY APPLIES TO ANY EXPENSES, DAMAGES OR PERSONAL INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR OF OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION ITS NEGLIGENCE; (II) FRAUD OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA RECORDS, WHETHER FOR FRAUDULENT MISREPRESENTATION; (III) BREACH OF CONTRACT, STRICT LIABILITY, TORTUOUS BEHAVIOR, NEGLIGENCE, SECTION 12 OF THE SALE OF GOODS ACT 1979 OR FOR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982; OR (IV) ANY OTHER CAUSE MATTER IN RESPECT OF ACTIONWHICH LIABILITY CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

Limitation of Liabilities and Remedies. EXCEPT AS EXPRESSLY PROVIDED BELOW, UNDER NO CIRCUMSTANCES WILL EITHER PARTY HAVE ANY LIABILITY TO THE MATERIALS OTHER PARTY FOR, AND THE SUBSCRIPTION SERVICES (INCLUDING ALL CONTENTEACH PARTY HEREBY EXPRESSLY WAIVES, SOFTWARE AND FUNCTIONS) ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND "WITH ALL FAULTS" WITHOUT WARRANTY ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND. PEARSON MAKES NO DESCRIPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING OUT OF WARRANTY OF ANY KIND WHATSOEVEROR CONTRACT, EXPRESS NEGLIGENCE OR IMPLIED. ANY AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMEDOTHER TORT, INCLUDING OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, TITLEFORESEEABLE BUSINESS LOSSES, SECURITYLOSS OF PROFITS, ACCURACYAND RELIANCE DAMAGES. EXCEPT AS EXPRESSLY PROVIDED BELOW, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, OR UNINTERRUPTED ACCESS. PEARSON DISCLAIMS AND CUSTOMER WAIVES ALL BUYER AGREES THAT UNDER NO CIRCUMSTANCES WILL ENDOCARTS’S LIABILITY ARISING FROM THE ACCESS, USE AND PRINTING RELATING TO ITS SALE OF THE MATERIALS AND PROVISION OF THE MATERIALS AND THE SUBSCRIPTION SERVICES. IN NO EVENT SHALL THE LIABILITY OF PEARSON PRODUCTS TO CUSTOMER OR ANY THIRD PARTY FOR DAMAGES BUYER FOR ANY CAUSE WHATSOEVER RELATED TO OR ARISING OUT OF EXCEED THE PURCHASE PRICE PAID BY BUYER FOR THE PARTICULAR PRODUCTS INVOLVED. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT EXCEED TO THE AMOUNT PAID CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT WILL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. NOTHING IN THIS AGREEMENT WILL LIMIT OR EXCLUDE ENDOCARTS’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY CUSTOMER TO PEARSON DURING ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) BREACH OF SECTION 12 OF THE PRECEDING TWELVE MONTHS. IN NO EVENT SALE OF GOODS ▇▇▇ ▇▇▇▇ OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ▇▇▇ ▇▇▇▇▇▇▇ BE LIABLE FOR ANY LOST PROFITS, INCIDENTAL, CONSEQUENTIAL, SPECIAL ; OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY MATERIALS OR THE SUBSCRIPTION SERVICE EVEN IF PEARSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT ANY CLAIM ARISING FROM USE OF OR ACCESS TO THE MATERIALS PROVISION OF ANY SUBSCRIPTION SERVICES MUST BE MADE WITHIN ONE (1IV) YEAR OF THE FIRST DATE SUCH CLAIM FIRST ACCRUED OR SHALL BE DISMISSED AS UNTIMELY AND FOREVER BARRED. THIS LIMITATION OF LIABILITY APPLIES TO ANY EXPENSES, DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR OF OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA RECORDS, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTUOUS BEHAVIOR, NEGLIGENCE, OR FOR ANY OTHER CAUSE MATTER IN RESPECT OF ACTIONWHICH LIABILITY CANNOT LAWFULLY BE LIMITED OR EXCLUDED.