Australia Sample Clauses

Australia. The liability of any Guarantor incorporated under the Corporations Xxx 0000 (Commonwealth of Australia) under this Article VII and under any indemnities contained elsewhere in this Agreement will not include any liability or obligation which would, if included, result in a contravention of s260A of the Corporations Xxx 0000 (Cth). Any such Guarantor shall promptly take, and procure that its relevant holding companies take, all steps necessary under s260B of the Corporations Xxx 0000 (Cth) so as to permit the inclusion of any liability or obligation excluded under the previous sentence.
Australia. There are no country-specific provisions. AUSTRIA There are no country-specific provisions. BELGIUM There are no country-specific provisions.
Australia. The warranties specified in Section 4.1 are in addition to any rights you may have under the Trade Practices Act of 1974 or other legislation and are only limited to the extent permitted by the applicable legislation. Where LifeSize is in breach of a condition or warranty implied by the Trade Practices Act of 1974, LifeSize’s liability is limited to the repair or replacement of the goods or the supply of equivalent goods. Where that condition or warranty relates to title or the right to sell, or if the goods are acquired for personal or household use or consumption, then none of the limitations in this paragraph apply. Austria With respect to Section 4.1 of the Agreement, the warranty period is twelve months from the date of delivery of the Software. The limitation period for consumers alleging a breach of warranty claim is the statutory period. The warranty for the Software covers the functionality of the Software for its normal use and the Software’s conformity to its specifications, if applicable. The warranties set forth in the Agreement are our sole obligation to you, except as otherwise required by applicable law. Austria, France, Greece, Italy, Portugal, Spain, Switzerland Supplementing Section 5 of the Agreement, LifeSize’s liability for any damages and losses that may arise as a consequence of the fulfillment of its obligations under or in connection with this Agreement or due to any other cause is limited to the compensation of only those damages and losses proved and actually arising as an immediate and direct consequence of the non-fulfillment of such obligations (i.e. fault), up to a maximum amount equal to the charges paid for the Software. The foregoing limitation shall not apply to damages for bodily injury and damages to real property and tangible personal property for which LifeSize may be legally liable. In no event is LifeSize liable for lost profits, even if they arise as an immediate consequence of the event that generated the damages.
Australia. If Customer is executing its Order Form with ServiceNow Australia Pty Ltd, the following changes apply: The following language shall be added as a new Section 6.4 of the General Terms and Conditions:
Australia. If you are located in Australia, references tothe Applicable Lawcontained in Sections 6.2, 8.4 and 13.4 shall be replaced by references to “the Applicable Law and subject to Section 8.6”. A new Section 8.6 is added as follows: Non-Excludable Provisions. Nothing in this DSA excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by legislation that cannot lawfully be excluded or limited, including, to the extent applicable under the Australian Consumer Law in the Competition and Consumer Xxx 0000 (Cth) (a "Non-Excludable Provision"). To the maximum extent permitted by law, our entire liability for breach of a Non- Excludable Provision in relation to this DSA is limited to, at our option, resupplying the Services or paying the cost of having the Services resupplied.
Australia. (i) For the purposes of this Schedule - “APP’ means the Australian Privacy Principles, from Schedule 1 of the Privacy Amendment (Enhancing Privacy Protection) Act 2012, and which amended the Privacy Act 1988; “Data Controller” means a person who, alone or jointly or in common with other persons, determines the purposes and manner in which any Personal Data are, or are to be, processed; and “Data Processor” shall mean any person (other than an employee of the Data Controller) who processes Personal Data on behalf of the Data Controller. (ii) To the extent a Data Controller in Australia or its Authorized Users intend to enter Personal Data into the Cloud Service, Customer agrees to first obtain the consent of each Data Subject to an International Transfer as contemplated under this Schedule if and to the extent required under the applicable data protection law in Australia. Customer hereby confirms and commits that it has received the Personal Data and informed the related Data Subjects regarding the disclosure of the Personal Data in accordance with the APP, and Privacy Act 1988. As such, and on that basis, APP 8.1 is satisfied and shall not otherwise apply by virtue of the “informed consentexception under APP 8.2(b) (“Informed Consent”). To the extent that Informed Consent may not apply, this Schedule provides the framework for the protection of that Personal Data of those Australian Data Subjects in a way that, overall, is at least substantially similar which the APP’s protect that information and SAP agrees to afford to such Personal Data a similar level of protection as set forth in Sections 2, 3 and 6 of this Schedule (by virtue of the “substantially similar law” exception under APP 8.2(a)) (“Substantially Similar Law”), and as such, and on that basis, APP 8.1 is satisfied and shall not otherwise apply by virtue of Substantially Similar Law. 澳大利亚。(i) 在本附录中,“APP”是指《2012 年隐私修正(加强隐私保护)法案》“附录 1”中的澳大利亚隐私保护原则,该法案在《1988 年隐私法案》的基础上进行了修订;“数据控制方”是指单独或者联合其他人共同决定个人数据处理目的和处理方式的相关方;“数据处理方”是指代表数据控制方处理个人数据的任何人(而非数据控制方的员工)。(ii) 若澳大利亚的数据控制方或其授权用户希望将个人数据输入至云服务中,客户同意按澳大利亚适用数据保护法律的要求,先征得每个数据当事人对本附录中规定的国际传输的同意。客户特此确认并承诺其已收到个人数据,并已依照 APP 和《1988 年隐私法案》的规定将个人数据的披露情况告知相关数据当事人。这种情况下,双方遵守 APP 8.1 中的规定,而不适用 APP 8.2(b)中的“知情同意”例外规定(以下简称“知情同意”)。如“知情同意”不适用,本附录提供至少能够以一种实质近似 APP 信息保护的方法保护这些澳大利亚数据当事人的个人数据的框架,且 SAP 同意为此类个人数据提供与本附录第 2、3 和 6 节所述类似级别的保护(按照 APP 8.2(a)中的实质类似法律例外规定)(以下简称“实质类似的法律”),在这种情况下,双方遵守 APP 8.1 中的规定,而不适用实质类似的法律。
Australia. The terms in this subsection D apply only when RSA means the RSA sales subsidiary located in Australia (currently EMC Global Holdings Company (Australian Branch) ABN 86 669 010 6895: