LIMITATION OF REMEDIES AND LIABILITY. A. SM is solely responsible for all maintenance services that SM performs. HP is not liable for any damage to HP Products repaired by SM, whether in or out of warranty. In addition, HP is not responsible for the quality or punctuality of repairs made by SM.
LIMITATION OF REMEDIES AND LIABILITY. NEEVIA TECH OR ITS SUPPLIERS OR RESELLERS SHALL NOT UNDER ANY CIRCUMSTANCE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST SAVINGS, OR FOR ANY CLAIM BY A THIRD PARTY, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF NEEVIA TECHNOLOLGY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
LIMITATION OF REMEDIES AND LIABILITY. 8.1 Nothing in this agreement shall operate to exclude or limit either party's liability for:
LIMITATION OF REMEDIES AND LIABILITY. To the maximum extent permitted by applicable law, the remedies described below are accepted by you as your only remedies. XXXX's entire liability and your exclusive remedies shall be: If the Program does not substantially perform the functions or generally conform to the Program's specifications published by SOTI, you may within 30 days of delivery write to SOTI to report a significant defect. If SOTI is unable to correct the defect within 90 days of receiving your report, you may terminate your license and this agreement by returning the Program with the original receipt and your money will be refunded. To the maximum extent permitted by applicable law, in no event will SOTI be liable to you for any damages, including lost profits, lost savings, or other incidental or consequential damages, arising out of the use or inability to use the Program, even if SOTI or a dealer authorized by XXXX had been advised of the possibility of such damages. In any case SOTI's entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws.
LIMITATION OF REMEDIES AND LIABILITY. To the maximum extent permitted by applicable law, your exclusive remedy under this XXXX is to return any defective media within 30 days of delivery along with a copy of your payment receipt and Red Hat, at its option, will replace it or refund the money you paid for the media. To the maximum extent permitted under applicable law, under no circumstances will Red Hat, its affiliates, any Red Hat authorized distributor, or the licensor of any component provided to you under this XXXX be liable to you for any incidental or consequential damages, including lost profits or lost savings arising out of the use or inability to use the Programs or any component, even if Red Hat, its affiliates, an authorized distributor, and/or licensor has been advised of the possibility of such damages. In no event shall Red Hat's or its affiliates' liability, an authorized distributor's liability or the liability of the licensor of a component provided to you under this XXXX exceed the amount that you paid to Red Hat for the media under this XXXX.
LIMITATION OF REMEDIES AND LIABILITY. 8.1. Nothing in this Agreement shall operate to exclude or limit BSC liability for death or personal injury caused by its negligence, or any breach of the terms implied by section 12 of the Sale of Goods Xxx 0000 or section 2 of the Supply of Goods and Services Xxx 0000, or fraud, or any other liability which cannot be excluded or limited under applicable law.
LIMITATION OF REMEDIES AND LIABILITY. A. THE REMEDIES PROVIDED IN THIS AGREEMENT, INCLUDING THE PROCEDURE FOR RETURN OF DEFECTIVE GOODS, ARE RESELLER'S SOLE AND EXCLUSIVE REMEDIES FOR HP PRODUCTS PURCHASED UNDER THIS AGREEMENT. HP WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY. B. The foregoing limitation of liability will not apply in the event that any HP Product sold hereunder is determined by a court of competent jurisdiction to be defective and to have directly caused bodily injury, death or property damage, provided that in no event will HP's liability for property damage exceed the greater of $50,000 or the purchase price of the specific HP Product that caused such damage.
LIMITATION OF REMEDIES AND LIABILITY. If the Product is proved to be defective, the exclusive remedy, at LiveRoof Global LLC’s option, shall be to refund the purchase price of the affected LiveRoof® containers (exclusive of soil and plant material) or timely repair or replacement of affected containers (exclusive of soil, plants or installation). LiveRoof Global LLC shall not otherwise be liable for any loss or damages, whether direct, indirect, special, incidental, punitive, or consequential, regardless of the legal theory asserted, including negligence, warranty, or strict liability. LiveRoof Global LLC shall have no obligation under this warranty until all invoices for materials & services associated with the green roof system have been paid in full. If LiveRoof Global LLC shall elect to repair or replace the defective Product, or refund the purchase price, such election shall not be deemed an admission of liability. Any lawsuit or legal action against LiveRoof Global LLC with regard to product must be brought in Ottawa County, Michigan, and Michigan law shall apply to all proceedings.
LIMITATION OF REMEDIES AND LIABILITY. 9.1 Nothing in this Agreement shall operate to exclude or limit Ormit’s liability for:
LIMITATION OF REMEDIES AND LIABILITY. IN NO EVENT WILL EVRI BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST BENEFITS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OF OR INABILITY TO USE THE PROGRAM OR ANY BREACH OF WARRANTY. EVRI’s LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL BE LIMITED TO THE MONEY PAID FOR THE PROGRAM OBTAINED FROM EVRI THAT CAUSED THE DAMAGES OR THAT IS THE SUBJECT MATTER OF, OR IS DIRECTLY RELATED TO, THE CAUSE OF ACTION. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
