Common use of No Limitation of Remedies Clause in Contracts

No Limitation of Remedies. Notwithstanding anything else to the contrary contained in this Agreement or any Adopter Agreement, Content Provider Agreement or other Content Participant Agreement, a Third Party Beneficiary’s exercise of its Third Party Beneficiary rights under this Section 10 shall not constitute an election against any statutory or other extra-contractual remedy against an Adopter, Content Participant, another Fellow Content Participant, or Content Provider, as the case may be, such as an action for infringement of copyright, or patent, or an action for circumvention of an effective technological measure pursuant to the Digital Millennium Copyright Act, which may be available to the Third Party Beneficiary for the same act that gave rise to the Third Party Beneficiary Claim.

Appears in 2 contracts

Samples: Participant Agreement, Content Participant Agreement

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No Limitation of Remedies. Notwithstanding anything else to the contrary contained in this Agreement or any Adopter Agreement, Content Provider Participant Agreement or other Content Participant Provider Agreement, a Third Party Beneficiary’s exercise of its Third Party Beneficiary rights under this Section 10 shall not constitute an election against any statutory or other extra-contractual remedy against an Adopter, Content ParticipantProvider, another Fellow Content ParticipantProvider, or Content ProviderParticipant, as the case may be, such as an action for infringement of copyright, or patent, or an action for circumvention of an effective technological measure pursuant to the Digital Millennium Copyright Act, which may be available to the Third Party Beneficiary for the same act that gave rise to the Third Party Beneficiary Claim.

Appears in 2 contracts

Samples: Aacs Content Provider Agreement, Aacs Content Provider Agreement

No Limitation of Remedies. Notwithstanding anything else to the contrary contained in this Agreement or any Adopter Content Participant Agreement, Content Provider Agreement or other Content Participant Adopter Agreement, a Third Party Beneficiary’s exercise of its Third Party Beneficiary rights under this Section 10 9 shall not constitute an election against any statutory or other extra-contractual remedy against an Adopter, Content Participant, another Fellow Adopter, Content Participant, or Content Provider, as the case may be, such as an action for infringement of copyright, or patent, or an action for circumvention of an effective technological measure pursuant to the Digital Millennium Copyright Act, which may be available to the Third Party Beneficiary for the same act that gave rise to the Third Party Beneficiary Claim.

Appears in 2 contracts

Samples: Access Content System, Access Content System

No Limitation of Remedies. Notwithstanding anything else to the contrary contained in this Interim Agreement or any Adopter Agreement, Content Provider Participant Agreement or other Content Participant Adopter Agreement, a Third Party Beneficiary’s 's exercise of its Third Party Beneficiary rights under this Section 10 9 shall not constitute an election against any statutory or other extra-contractual remedy against an Adopter, Content Participant, another Fellow Adopter or Content Participant, or Content Provider, as the case may be, such as an action for infringement of copyright, or patent, or an action for circumvention of an effective technological measure pursuant to the Digital Millennium Copyright Act, which may be available to the Third Party Beneficiary for the same act that gave rise to the Third Party Beneficiary Claim.

Appears in 1 contract

Samples: Adopter Agreement

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No Limitation of Remedies. Notwithstanding anything else to the contrary contained in this Agreement or any Adopter Content Participant Agreement, Content Provider Agreement or other Content Participant Adopter Agreement, a Third Party Beneficiary’s exercise of its Third Party Beneficiary rights under this Section 10 9 shall not constitute an election against any statutory or other extra-contractual remedy against an Adopter, Content Participant, another Fellow Adopter, Content Participant, or Content Provider, as the case may be, such as an action for infringement of copyright, or patent, or an action for circumvention of an effective technological measure pursuant to the Digital Millennium Copyright Act, which may be available to the Third Party Beneficiary for the same act that gave rise to the Third Party Beneficiary Claim.. For review only - Not for execution

Appears in 1 contract

Samples: Advanced Access Content System

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