Nature of Claims and Failure of Essential Purpose. The waivers and limitations in this Section 13 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.
Appears in 13 contracts
Samples: Master Cloud Agreement, Terms of Service, Master Cloud Agreement
Nature of Claims and Failure of Essential Purpose. The waivers and limitations in this Section 13 12 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.
Appears in 3 contracts
Samples: Dataiku License Terms, Trimble Terms of Service, Terms of Service
Nature of Claims and Failure of Essential Purpose. The waivers and limitations in this Section 13 11 (Limitations of Liability) apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.
Appears in 3 contracts
Samples: General Product Terms, www.alphacox.com, General Product Terms
Nature of Claims and Failure of Essential Purpose. The waivers and limitations in this Section 13 14 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.
Appears in 2 contracts
Samples: Master Services Agreement, d7umqicpi7263.cloudfront.net
Nature of Claims and Failure of Essential Purpose. The You acknowledge and agree that the waivers and limitations specified in this Section 13 9 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise otherwise, and will survive and apply even if If any limited remedy specified in this Agreement fails is found to have failed of its essential purpose.
Appears in 2 contracts
Samples: Use License Agreement, License Agreement
Nature of Claims and Failure of Essential Purpose. The waivers exclusions and limitations in this Section 13 14 (Limitations of Liability) apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.
Appears in 1 contract
Samples: Atlassian Customer Agreement
Nature of Claims and Failure of Essential Purpose. The waivers and limitations in this Section 13 11 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.
Appears in 1 contract
Samples: End User License Agreement
Nature of Claims and Failure of Essential Purpose. The waivers and limitations in this Section 13 11 (Limitations of Liability.) apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.
Appears in 1 contract
Samples: Software End User License Agreement
Nature of Claims and Failure of Essential Purpose. The parties agree that the waivers and limitations specified in this Section 13 15 (Limitations of Liability) apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in this the Agreement fails is found to have failed of its essential purpose.
Appears in 1 contract
Samples: General Terms and Conditions
