LIMITATION OF LIABILITY; EXCLUSIVE REMEDY. IN NO EVENT WILL globalVCard BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF RECOVERY OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE SERVICE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF globalVCard HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUBSCRIBER ACKNOWLEDGES THAT THE USE OF THE SERVICES PURSUANT TO THIS AGREEMENT REFLECTS THIS ALLOCATION OF RISK. globalVCard’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), SHALL BE LIMITED TO $100. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. ALL MATERIALS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON- INFRINGEMENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF globalVCard AND THE globalVCard PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Through your use of the Service you may have the opportunities to engage in commercial transactions with other users and Affiliates. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 000 X Xx., Xxxxx 0000, Xxxxxxxxxx, Xxxxxxxxxx, 00000, or by telephone at 000.000.0000. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of exec...
LIMITATION OF LIABILITY; EXCLUSIVE REMEDY. (a) Be will have no liability under Section 10.1 for any infringement claim based upon: (i) the[*]not listed in this Agreement;(ii) componets or software which were not manufactured by Be; and (iii) any[*]. (b) SECTIONS 10.1 AND 10.2 STATE Be'S ENTIRE OBLIGATION AND LIABILITY WITH RESPECT TO ANY CLAIMS OF PATENT, COPYRIGHT OR OTHER PROPRIETARY RIGHT INFRINGEMENT.
LIMITATION OF LIABILITY; EXCLUSIVE REMEDY. VIRTUALSCADA will not be liable to Customer under this Agreement, whether in contract, in tort (including negligence) under any warranty or otherwise for any special, indirect, incidental or consequential loss or damage, or loss of profits or revenues even if VIRTUALSCADA has been advised of the possibilities of such damages. The remedies set forth in Sections 6 and 7 of this Agreement are exclusive and VIRTUALSCADA's liability for damages to the Customer for any cause whatsoever, including performance or non-performance by VIRTUALSCADA or Products provided hereunder, regardless of the form of the action, under any warranty or otherwise will be limited to the remedies provided therein.
LIMITATION OF LIABILITY; EXCLUSIVE REMEDY. Each Seller’s aggregate liability in respect of all claims against it under or in connection with the terms of this Agreement shall not exceed the value of the Aggregate Consideration (received by such Seller) at the time of issuance pursuant to the terms and conditions hereof. With respect to each Seller, the Purchaser’s aggregate liability for the benefit of such Seller in respect of all claims against the Purchaser under or in connection with the terms of this Agreement shall not exceed the Aggregate Consideration (received by such Seller) at the time of issuance pursuant to the terms and conditions hereof. The Parties agree that, in the event the Closing occurs, with respect to PLK only, the remedies provided for in this Article VII shall be the Purchaser’s sole and exclusive remedies for any breach of the representations and warranties provided by PLK under this Agreement or any claims against PLK relating to this Agreement, other documents, certificates, agreements delivered in connection with this Agreement, the Company, or any Law or otherwise.
LIMITATION OF LIABILITY; EXCLUSIVE REMEDY. IN NO EVENT WILL THE EXPERT GRAPH LLC PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS USER AGREEMENT OR YOUR USE OF THE SITE, THE APPLICATIONS OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR
LIMITATION OF LIABILITY; EXCLUSIVE REMEDY. Limitation of liability will be handled in accordance to Appendix A, Section 10K of DIR Contract No. DIR-TSO-3631. EXHIBIT C TRADEMARK INFORMATION Granicus Registered Trademarks ® Include: Granicus logo as a xxxx Granicus® Legistar® MediaVault® MinutesMaker® Mobile Encoder® Outcast Encoder® StreamReplicator® Granicus Trademark Names ™ Include: CivicIdeas™ iLegislate™ InSite™ Integrated Public Record™ Intelligent Routing™ LinkedMinutes™ LiveManager™ MediaCenter™ MediaManager™ MediaVault™ MeetingMember™ MeetingServer™ Simulcast Encoder™ VoteCast™ VoteCast™ Classic VoteCast™ Touch
LIMITATION OF LIABILITY; EXCLUSIVE REMEDY. IN NO EVENT WILL THE PAPER DIGEST PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS USER AGREEMENT OR YOUR USE OF THE SITE, THE APPLICATIONS OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
LIMITATION OF LIABILITY; EXCLUSIVE REMEDY. EXCEPT FOR A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS AS OUTLINED IN SECTION 3 (CONFIDENTIAL INFORMATION), INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE OR A PARTY’S INDEMNIFICATION OBLIGATIONS AS SET FORTH IN SECTION 6 (INDEMNIFICATION), EACH PARTY’S ENTIRE LIABILITY FOR ANY DAMAGES WHICH MAY ARISE HEREUNDER OR RELATED HERETO, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, SHALL BE LIMITED TO MONEY DAMAGES IN AN AMOUNT EQUAL TO THE LESSER OF (A) ACTUAL DIRECT DAMAGES, OR (B) THE TOTAL PRICE PAID OR PAYABLE BY CLIENT TO CONSULTANT FOR SERVICES AND DELIVERABLES DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS PRIOR TO THE APPLICABLE CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF BUSINESS OR PROSPECTIVE BUSINESS OPPORTUNITIES, PROFITS, SAVINGS, INFORMATION, USE OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS SECTION 5 (LIMITATION OF LIABILITY; EXCLUSIVE REMEDY) SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT AND ANY SOW.
LIMITATION OF LIABILITY; EXCLUSIVE REMEDY. Except as provided in these terms, Seller shall not be liable to Buyer or any third parties (including, but not limited to Buyer’s or third parties’ employees, agents, workers or independent contractors) for any damages, (including, but not limited to, compensatory, incidental, indirect, special, consequential or punitive damages), whether or not arising out of negligence or any other cause of action, related to the sale of Product(s) to Buyer, or Buyer’s use of Product(s). Buyer assumes all risk and liability that may result from the shipment or use of Product(s), whether used singly or in combination with other Product(s). Seller’s liability, and Xxxxx’s exclusive remedy, for any claim or cause of action arising out of the sale of Product(s) to Buyer or Buyer’s use of Product(s), including but not limited to negligence, non-conformity to specifications or breach of warranty, is limited, at Seller’s option, to replacement of, or repayment of the purchase price for, Product(s) with respect to which damages or costs are claimed. Buyer shall indemnify and hold Seller harmless against any other liability to Buyer, Buyer’s employees, workers, contractors or any other persons arising from Buyer’s use of Products. No cause of action arising from Buyer’s purchase or use of Products may be asserted against Seller more than one year after Xxxxx’s purchase of such Products.
LIMITATION OF LIABILITY; EXCLUSIVE REMEDY. Xxxxxxx’x entire liability and Subscriber’s exclusive remedy with respect to the use of the Internet Service or its software and equipment, or any breach by Xxxxxxx of any obligation Xxxxxxx may have under this Agreement, shall be Subscriber’s ability to terminate the Internet Service or to obtain the replacement or repair of any defective software or equipment provided by Xxxxxxx to Subscriber. In addition, Xxxxxxx shall not be liable for damages for failure to furnish, or the degradation or interruption of, any services, for any lost data or content, identify theft, for any TV, monitor or screen burn-in, , monitor or screen wear, stuck pixels, phosphor burn, files or software damage, regardless of cause. Xxxxxxx shall not be liable for damage to property or for injury to any person arising from the installation, maintenance or removal of equipment, software, wiring or the provision of the Internet Service.
