LIMITATION AND EXCLUSION OF LIABILITY. 1. 6. 1. Traction Software Limited does not exclude its liability (if any) to you:
LIMITATION AND EXCLUSION OF LIABILITY. To the extent permitted by law:
LIMITATION AND EXCLUSION OF LIABILITY a. Nothing in these Terms of Sale limits or excludes the liability of:
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).
LIMITATION AND EXCLUSION OF LIABILITY. 17.1 Nothing in this Agreement shall limit or exclude a Party's liability:
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.
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.
LIMITATION AND EXCLUSION OF LIABILITY. Limitations. IN NO EVENT WILL Oracast OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER Oracast NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO ORACAST’S OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF Oracast HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF Oracast AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO Oracast UNDER THIS AGREEMENT DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY Oracast UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE Oracast AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1.
LIMITATION AND EXCLUSION OF LIABILITY. 9.1 We do not exclude our liability (if any) to you:
LIMITATION AND EXCLUSION OF LIABILITY. Neither party shall be liable to the other party, any Advertisers or any other third party for any loss, cost, damage or expense incurred in connection with the unavailability or inoperability of the System, the Services or the Internet, technical malfunction, computer error or loss or corruption of data, or other injury, damage or disruption of any kind related thereto. In no event shall either party be liable for any indirect, incidental, consequential, special or exemplary damages, including, but not limited to, loss of profits, or loss of business opportunity, even if such damages are foreseeable and whether or not the other party has been advised of the possibility thereof. Except in relation to a claim against a party based on its breach of its representations and warranties in this Agreement as to infringement and misappropriation of third party copyrights, patents, trademarks or trade secrets, each party's maximum aggregate liability shall not exceed the total amount paid by Compaq to DoubleClick under this Agreement or the Existing Agreement during the twelve (12) month period prior to the first date the liability arose. In all Advertiser Contracts the parties shall use reasonable efforts to include a provision that will state that the other party is a third party beneficiary of any disclaimers and limitations or exclusions of liability that such party has agreed to with the Advertiser in the Advertiser Contract.
