Limitation of Liability and Disclaimers. XXXX’X AGGREGATE LIABILITY FOR ANY AND ALL CLAIM(S) ARISING UNDER OR RELATED TO THIS AGREEMENT, YOUR USE OF THE SOFTWARE, ANY CLAIMED INJURY OR DAMAGE RELATED TO ANY SERVICES PROVIDED BY XXXX IN CONNECTION WITH THE SOFTWARE, OR ANY CLAIMED INJURY OR DAMAGE RELATED TO THE SOFTWARE, WILL NOT, IN ANY EVENT, EXCEED THE AMOUNT PAID BY YOU TO XXXX FOR USE OF THE SOFTWARE TO WHICH THIS AGREEMENT APPLIES, WHETHER THE CLAIMED LIABILITY IS BASED ON TORT, BREACH OF WARRANTY, BREACH OF CONTRACT, INDEMNITY, ANY FORM OF STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE OR STATUTORY THEORY. IN NO EVENT WILL XXXX BE LIABLE TO YOU OR ANY PARTY FOR ANY FORM OF INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, PENALTIES OR LOST PROFITS, REGARDLESS OF WHETHER THE CLAIMED LIABILITY IS BASED ON TORT, BREACH OF WARRANTY, BREACH OF CONTRACT, INDEMNITY, ANY FORM OF STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE OR STATUTORY THEORY, EXCEPT AS STATED IN SECTION 6 BELOW. EXCEPT AS EXPRESSLY STATED IN SECTION 4 ABOVE, XXXX DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XXXX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SOFTWARE WILL CONTINUE TO FUNCTION IN THE EVENT XXXX CEASES TO CONDUCT BUSINESS, THAT THE SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE OR SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. XXXX DOES NOT MAKE ANY REPRESENTATION CONCERNING YOUR ABILITY TO DERIVE REVENUE OR EARN INCOME FROM USE OF THE SOFTWARE IN A COMMERCIAL OR OTHER SETTING.
Limitation of Liability and Disclaimers. 11.1 This Clause 11 sets out the entire financial liability of PeopleFluent (including any liability for the acts or omissions of its PeopleFluent Group Companies, and any of the respective employees, agents and sub-contractors) to the Client:
Limitation of Liability and Disclaimers. The liabilities of the Parties to one another in respect of matters relating to this Agreement are subject to the following provisions and limitations of this Section 9:
Limitation of Liability and Disclaimers. Subject to the express provisions and limitations of this Section 17, the Parties intend that each Party shall be liable to the other Party for all damages incurred as a result of the breaching Party's failure to perform its obligations hereunder.
Limitation of Liability and Disclaimers. 10.1 ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Limitation of Liability and Disclaimers. Section 21.1 Limitation of Liability 34 Section 21.2 Disclaimers 34
Limitation of Liability and Disclaimers. 11.1 While the information and material contained on the Website is believed to be accurate and current, it is provided by us in good faith on an "as is" basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Website.
Limitation of Liability and Disclaimers. 12.1 The Seller specifically agrees to indemnify and hold XxxXxx harmless for any loss or liability that AviSim may incur due to the Seller Information having illegal contents or it being illegal to publish it.
Limitation of Liability and Disclaimers. 15.1 Sidekick and the User agree that Sidekick’s liability for the Services provided via the Site and the Software is governed solely by the Australian Consumer Law to the extent applicable, and this Agreement.
Limitation of Liability and Disclaimers. 1. We exclude all liability and all warranties under this XXXX to the maximum extent permitted by law, including but not limited to in relation to any use of the Software or any Services offered.
