Nature of Claims and Failure of Essential Purpose. The Parties agree that the waivers and limitations specified in this Section 7 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 Agreement is found to have failed of its essential purpose.
Appears in 8 contracts
Samples: Master Software License and Subscription Agreement, Master Software Licence and Subscription Agreement, Master Software Licence and Subscription Agreement
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 10 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 any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 4 contracts
Samples: Software End User License Agreement, User License Agreement, Referral Partner Program Agreement
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 14 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 any limited remedy specified in this Agreement these Terms is found to have failed of its essential purpose.
Appears in 2 contracts
Samples: www.botium.ai, www.botium.ai
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 12 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 any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 2 contracts
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 9 apply regardless of the form of action, whether in contractcontact, tort (including negligence), strict liability or otherwise, otherwise and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 2 contracts
Samples: Terms of Use, rate-guide.loadsmart.com
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 9 (Limitation of Liability) 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 any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 2 contracts
Samples: End User License Agreement Terms, End User License Agreement Terms
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified specified in this Section 7 10 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 any limited remedy specified specified in this Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: Software End User License Agreement
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 11 apply regardless of the form of action, whether in contractcontact, tort (including negligence), strict liability or otherwise, otherwise and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: Online Subscription Agreement
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 12 (Limitations of Liability) 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 any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: Software License Agreement
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 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 any limited remedy specified in this Agreement these Terms is found to have failed of its essential purpose.
Appears in 1 contract
Samples: www.artificial-solutions.com
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 15 (Limitations of Liability) 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 any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: Licence Agreement
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 11 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 any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: Subscription Agreement
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 8 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 any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: Software End User License Agreement
