LIMITATION OF LIABILITY AND WARRANTIES. 12.1 OTHER THAN THE EXPRESS WARRANTIES (IF ANY) MADE IN THIS AGREEMENT, THE CUSTODIAN DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE APPLICATIONS, AND ALL PRODUCTS AND SERVICES PROVIDED HEREUNDER. Without limiting the foregoing, the Custodian shall not be liable for lost profits, lost business or any incidental, consequential or punitive damages (whether or not arising out of circumstances known or foreseeable by the Custodian) suffered by the Company, its customers or any third party in connection with any of the products or services made available hereunder. The Custodian’s liability under this Agreement shall in no event exceed an amount equal to the lesser of (i) actual monetary damages incurred by the Company or (ii) an amount not to exceed one-half of the net fees paid to the Custodian within the prior three calendar months immediately preceding the date on which the Custodian received a written notice from the Company regarding such damages. In no event shall the Custodian be liable for any matter beyond its reasonable control, or for damages or losses wholly or partially caused by the Company, or its employees or agents, or for any damages or losses, which could have been avoided or limited by the Company giving prompt written notice to the Custodian. The Company shall bring no cause of action, regardless of form, more than one year after the cause of action arose.
LIMITATION OF LIABILITY AND WARRANTIES. Provider expressly disclaims any warranty that the Provider Technologies are impervious to tampering. Customer acknowledge understands and agrees that the Provider Technologies do not prevent offenders from committing harmful, tortious, or illegal acts and that Provider expressly disclaims any liability for any harmful, tortious, or illegal acts committed by such offenders. In no event does Provider assume or bear any responsibility or liability for acts that may be committed by third parties or persons subject to or using the Provider Technologies or Provider Information. Provider shall have no liability to Customer (or to any person to whom Customer may have provided Provider Information) for any loss or injury arising out of or in connection with the Provider Technologies or Customer’s use thereof. If, notwithstanding the foregoing, liability can be imposed on Provider, Customer agrees that Provider's aggregate liability for any and all losses or injuries arising out of any act or omission of Provider in connection with the Provider Technologies, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00. Customer covenants and promises that it will not seek to recover from Provider an amount greater than such sum even if Customer was advised of the possibility of such damages. PROVIDER DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROVIDER TECHNOLOGIES. PROVIDER DOES NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, LEGALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROVIDER TECHNOLOGIES OR ANY PROVIDER INFORMATION. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY CUSTOMER FROM RECEIPT OR USE OF PROVIDER INFORMATION OR AS A RESULT OF THE UNAVAILABILITY OF THE PROVIDER TECHNOLOGIES OR PROVIDER INFORMATION OR THE ABILIITY TO MAKE USE OF SAME.
LIMITATION OF LIABILITY AND WARRANTIES. 9.1 The following provisions set out the entire financial liability of Censornet (including any liability for the acts or omissions of its employees, agents, sub-contractors, licensors, suppliers and sub-processors) to you in respect of:
LIMITATION OF LIABILITY AND WARRANTIES. K12 warrants to Customer that the Software, Products and other materials as and when delivered to Customer by K12 and when properly used for the purpose and in the manner authorized by this Agreement, will perform as described in the Documentation in all material respects. This warranty shall terminate one hundred and eighty (180) days after the Effective Operations Date. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, K12 MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL K12, OR ITS EMPLOYEES, AGENTS, SUPPLIERS OR CONTRACTORS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER ALLEGED AS BREACH OF CONTRACT, TORTUOUS CONDUCT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, INCOME OR PROFIT OR LOSSES SUSTAINED AS DAMAGES TO PROPERTY OR LOSSES OR DAMAGES RESULTING FROM K12'S FAILURE TO DELIVER OR DELAY IN DELIVERING ANY ITEM UNDER THIS AGREEMENT OR LOSS OF DATA OR INFORMATION OF ANY KIND WHICH CUSTOMER MAY EXPERIENCE, EVEN IF K12 KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT SHALL K12lS LIABILITY FOR DAMAGES WITH RESPECT TO ANY ITEM LICENSED OR SOLD, OR ANY SERVICE PERFORMED HEREUNDER, EXCEED THE AMOUNTS ACTUALLY PAID BY CUSTOMER UNDER THIS AGREEMENT FOR SUCH ITEM. Warranty coverage shall not extend to circumstances in which product failure is the result of hardware / software failure (whether server or workstation related). Warranty coverage is specifically excluded when failure is due to malicious action on the part of Customer or any 3rd party gaining access to Customer’s servers and/or workstations – including but not limited to the introduction of malware, spyware, computer viruses, or other compromising of operating system, applications, or system data. K12 may direct Customer to third parties having products or services that may be of interest to Customer for use in conjunction with the Products. Notwithstanding any K12 recommendation, referral or introduction, Customer will independently investigate and test third-party products and services and will have sole responsibility for determining suitability for use of third-party products and services. K12 has no liability with respect to claims relating to or arising from use of third-party products and services.
LIMITATION OF LIABILITY AND WARRANTIES. 13.1 The Exchange or its Clearing House shall not be liable for any act done by the Clearing Member or of any other person, authorized or unauthorized, acting in the name or on behalf of such member, and any act of commission or omission by any one of them, either singly or jointly, at any time shall not be in any way construed to be an act of commission or omission by any one of them, as an agent of the Exchange or its clearing House.
LIMITATION OF LIABILITY AND WARRANTIES. 15.1. Faults warranty and limits
LIMITATION OF LIABILITY AND WARRANTIES. (a) To the full extent permitted by applicable law (and subject to clause 7(e)), the Licensor excludes any and all liability under or in relation to this Agreement and/or the APSIM Software whether under contract, tort, equity, legislation or otherwise. In no circumstances will the Licensor be liable in respect of consequential or special loss or damage (including but not limited to consequential financial loss, loss or corruption of data, loss of information, loss of profit, loss of revenue, loss of business opportunity, loss due to business interruption, loss arising from defects, wasted overheads or for any damage to goodwill or reputation) of the Licensee, or any third party however caused, which may be suffered or incurred or which may arise directly or indirectly out of the use, or inability of the Licensee or any third party to use, the APSIM Software or Improvements.
LIMITATION OF LIABILITY AND WARRANTIES. In no event shall either Party be liable for indirect, consequential or special damages (including loss of profits) resulting from its performance or non-performance of its obligations hereunder. Buyer assumes all risks involved in the use or possession of the Concentrate after completion of Concentrate Delivery at the Warehouse. Seller assumes all risks involved in the use or possession of the Concentrate prior completion of Concentrate Delivery at the Warehouse.
LIMITATION OF LIABILITY AND WARRANTIES. 12.1 OTHER THAN THE EXPRESS WARRANTIES (IF ANY) MADE IN THIS AGREEMENT, EACH PARTY TO THIS AGREEMENT DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE APPLICATIONS, AND ALL PRODUCTS AND SERVICES PROVIDED HEREUNDER. Neither party to this Agreement shall be liable to the other party for special, consequential or punitive damages suffered by the other party under any provisions of this Agreement. In no event shall either party to this Agreement be liable to the other party for any matter beyond its reasonable control. Notwithstanding the foregoing, The Custodian’s liability under this Agreement shall in no event exceed an amount equal to the lesser of (i) actual monetary damages incurred by the Company or (ii) an amount not to exceed the net fees paid to the Custodian within the prior twelve calendar months immediately preceding the date on which the Custodian received a written notice from the Company regarding such damages suffered.
LIMITATION OF LIABILITY AND WARRANTIES. 11.1. To the fullest extent permitted by law, ZELO disclaims and excludes all express or implied guarantees, warranties, representations or other terms and conditions relating to this Agreement or its subject matter which are not expressly included in this Agreement.
