Common use of Disclaimer and Limitation of Liability Clause in Contracts

Disclaimer and Limitation of Liability. 13.6.1 The Company makes no express or implied warranties, guarantees, representations or undertakings whatsoever regarding the Services/ equipment etc., unless expressly mentioned in the Contract. The Company specifically disclaims any statements indicating that the CPE shall be without any fault or damage, including faults or damages resulting from exposure to adverse environmental conditions, including excessive moisture and excessive temperatures or damage to the CPE on account of Force Majeure. 13.6.2 Subscriber availing any of the services supplied by the Company shall be at the sole risk, costs, charges and consequences of the Subscriber. Company, its affiliates, group companies, their officers, directors, employees, subcontractors, exclude all warranties, express or implied, in connection with the Services, including the use, accuracy, fitness for purpose, merchantability, completeness of the Services, suspension or cessation of the Services, any fraud, misrepresentation, negligence or loss that may be caused to the Subscriber or any third party in connection therewith. Company shall not be responsible for any deficiency in Services, delay and/or disruption in Services attributable, directly or indirectly, damage to property or person that may take place during or in connection with any Installations, any loss incurred to the Subscriber or any third party resulting from the use of the Services or any omission or, consequential or indirect damages or losses. The liability of the Company will be limited to only proven direct damages or losses incurred by the Subscriber or any third party and the Company’s liability shall not exceed the Subscription Fee paid by the Subscriber for the Service in the six (6) months immediately preceding the specific event that gave rise to such damage or loss. 13.6.3 Company shall not be liable to the Subscriber and/or any person, firm, body corporate claiming through, under or in trust for the Subscriber and the Subscriber hereby waives all claims/actions of any delays or losses, including, but not limited to, loss of business, profit, revenue or goodwill demands fees, cost expenses, order judgment, etc. or any direct, incidental or consequential losses arising out of any delays, interruption, errors of defects, or failure to provide any part of the DTH Services including, without limitation, in the event that such error, interruption or delay arises in connection with any of the following: (i) the termination or Company’s access to all or any portion of content/Channels; (ii) the relocation of all or any portion of the Services to different satellite(s); (iii) a change in the software, applications, features and/or functionalities available with your equipment; (iv) any software or other downloads initiated by us; (v) any acts of god, fires, earthquakes, floods, power or technical failure, satellite or uplink failure, acts of any governmental body; or

Disclaimer and Limitation of Liability. 13.6.1 The Company makes no express or implied warranties, guarantees, representations or undertakings whatsoever regarding the Services/ equipment etc., unless expressly mentioned in the Contract. The Company specifically disclaims any statements indicating that the CPE Company Hardware shall be without any fault or damage, including faults or damages resulting from exposure to adverse environmental conditions, including excessive moisture and excessive temperatures or damage to the CPE Company Hardware on account of Force Majeure. 13.6.2 Subscriber availing any of the services supplied by the Company shall be at the sole risk, costs, charges and consequences of the Subscriber. Company, its affiliates, group companies, their officers, directors, employees, subcontractors, exclude all warranties, express or implied, in connection with the Services, including the use, accuracy, fitness for purpose, merchantability, completeness of the Services, suspension or cessation of the Services, any fraud, misrepresentation, negligence or loss that may be caused to the Subscriber or any third party in connection therewith. Company shall not be responsible for any deficiency in Services, delay and/or disruption in Services attributable, directly or indirectly, damage to property or person that may take place during or in connection with any Installations, any loss incurred to the Subscriber or any third party resulting from the use of the Services or any omission or, consequential or indirect damages or losses. The liability of the Company will be limited to only proven direct damages or losses incurred by the Subscriber or any third party and the Company’s liability shall not exceed the Subscription Fee paid by the Subscriber for the Service in the six (6) months immediately preceding the specific event that gave rise to such damage or loss. 13.6.3 Company shall not be liable to the Subscriber and/or any person, firm, body corporate claiming through, under or in trust for the Subscriber and the Subscriber hereby waives all claims/actions of any delays or losses, including, but not limited to, loss of business, profit, revenue or goodwill demands fees, cost expenses, order judgment, etc. or any direct, incidental or consequential losses arising out of any delays, interruption, errors of defects, or failure to provide any part of the DTH Services including, without limitation, in the event that such error, interruption or delay arises in connection with any of the following: (i) the termination or Company’s access to all or any portion of content/Channels; (ii) the relocation of all or any portion of the Services to different satellite(s); (iii) a change in the software, applications, features and/or functionalities available with your equipment; (iv) any software or other downloads initiated by us; (v) any acts of god, fires, earthquakes, floods, power or technical failure, satellite or uplink failure, acts of any governmental body; or

Disclaimer and Limitation of Liability. 13.6.1 The Company makes no express or implied warranties, guarantees, representations or undertakings whatsoever regarding the Services/ equipment etc., unless expressly mentioned in the Contract. The Company specifically disclaims any statements indicating that the CPE shall be without any fault or damage, including faults or damages resulting from exposure to adverse environmental conditions, including excessive moisture and excessive temperatures or damage to the CPE on account of Force Majeure. 13.6.2 Subscriber availing any of the services supplied by the Company shall be at the sole risk, costs, charges and consequences of the Subscriber. Company, its affiliates, group companies, their officers, directors, employees, subcontractors, exclude all warranties, express or implied, in connection with the Services, including the use, accuracy, fitness for purpose, merchantability, completeness of the Services, suspension or cessation of the Services, any fraud, misrepresentation, negligence or loss that may be caused to the Subscriber or any third party in connection therewith. Company shall not be responsible for any deficiency in Services, delay and/or disruption in Services attributable, directly or indirectly, damage to property or person that may take place during or in connection with any Installations, any loss incurred to the Subscriber or any third party resulting from the use of the Services or any omission or, consequential or indirect damages or losses. The liability of the Company will be limited to only proven direct damages or losses incurred by the Subscriber or any third party and the Company’s liability shall not exceed the Subscription Company’sshall nlotiexaceebd ithelSiubtscryiption Fee paid by the Subscriber for the Service in the six (6) months immediately preceding the specific event that gave rise to such damage or loss. 13.6.3 Company shall not be liable to the Subscriber and/or any person, firm, body corporate claiming through, under or in trust for the Subscriber and the Subscriber hereby waives all claims/actions of any delays or losses, including, but not limited to, loss of business, profit, revenue or goodwill demands fees, cost expenses, order judgment, etc. or any direct, incidental or consequential losses arising out of any delays, interruption, errors of defects, or failure to provide any part of the DTH Services including, without limitation, in the event that such error, interruption or delay arises in connection with any of the following: (i) the termination or Company’s access to all or any portion of content/Channels; (ii) the relocation of all or any portion of con the Services to different satellite(s); (iii) a change in the software, applications, features and/or functionalities available with your equipment; (iv) any software or other downloads initiated by us; (v) any acts of god, fires, earthquakes, floods, power or technical failure, satellite or uplink failure, acts of any governmental body; or

Disclaimer and Limitation of Liability. 13.6.1 1 3.6.1 The Company makes no express or implied warranties, guarantees, representations or undertakings whatsoever regarding the Services/ equipment etc., unless expressly mentioned in the Contract. The Company specifically disclaims any statements indicating that the CPE shall be without any fault or damage, including faults or damages resulting from exposure to adverse environmental conditions, including excessive moisture and excessive temperatures or damage to the CPE on account of Force Majeure. 13.6.2 1 3.6.2 Subscriber availing any of the services supplied by the Company shall be at the sole risk, costs, charges and consequences of the Subscriber. Company, its affiliates, group companies, their officers, directors, employees, subcontractors, exclude all warranties, express or implied, in connection with the Services, including the use, accuracy, fitness for purpose, merchantability, completeness of the Services, suspension or cessation of the Services, any fraud, misrepresentation, negligence or loss that may be caused to the Subscriber or any third party in connection therewith. Company shall not be responsible for any deficiency in Services, delay and/or disruption in Services attributable, directly or indirectly, damage to property or person that may take place during or in connection with any Installations, any loss incurred to the Subscriber or any third party resulting from the use of the Services or any omission or, consequential or indirect damages or losses. The liability of the Company will be limited to only proven direct damages or losses incurred by the Subscriber or any third party and the Company’s liability shall not exceed the Subscription Fee paid by the Subscriber for the Service in the six (6) months immediately preceding the specific event that gave rise to such damage or loss. 13.6.3 1 3.6.3 Company shall not be liable to the Subscriber and/or any person, firm, body corporate claiming through, under or in trust for the Subscriber and the Subscriber hereby waives all claims/actions of any delays or losses, including, but not limited to, loss of business, profit, revenue or goodwill demands fees, cost expenses, order judgment, etc. or any direct, incidental or consequential losses arising out of any delays, interruption, errors of defects, or failure to provide any part of the DTH Services including, without limitation, in the event that such error, interruption or delay arises in connection with any of the following: (i) the termination or Company’s access to all or any portion of content/Channels; (ii) the relocation of all or any portion of the Services to different satellite(s); (iii) a change in the software, applications, features and/or functionalities available with your equipment; (iv) any software or other downloads initiated by us; (v) any acts of god, fires, earthquakes, floods, power or technical failure, satellite or uplink failure, acts of any governmental body; or

Disclaimer and Limitation of Liability. 13.6.1 The Company makes no express or implied warranties, guarantees, representations or undertakings whatsoever regarding the Services/ equipment etc., unless expressly mentioned in the Contract. The Company specifically disclaims any statements indicating that the CPE Company Hardware shall be without any fault or damage, including faults or damages resulting from exposure to adverse environmental conditions, including excessive moisture and excessive temperatures or damage to the CPE Company Hardware on account of Force Majeure. 13.6.2 Subscriber availing any of the services supplied by the Company shall be at the sole risk, costs, charges and consequences of the Subscriber. Company, its affiliates, group companies, their officers, directors, employees, subcontractors, exclude all warranties, express or implied, in connection with the Services, including the use, accuracy, fitness for purpose, merchantability, completeness of the Services, suspension or cessation of the Services, any fraud, misrepresentation, negligence or loss that may be caused to the Subscriber or any third party in connection therewith. Company shall not be responsible for any deficiency in Services, delay and/or disruption in Services attributable, directly or indirectly, damage to property or person that may take place during or in connection with any Installations, any loss incurred to the Subscriber or any third party resulting from the use of the Services or any omission or, consequential or indirect damages or losses. The liability of the Company will be limited to only proven direct damages or losses incurred by the Subscriber or any third party and the Company’s liability shall not exceed the Subscription Company’sshall nlotiexaceebd ithelSiubtscryiption Fee paid by the Subscriber for the Service in the six (6) months immediately preceding the specific event that gave rise to such damage or loss. 13.6.3 Company shall not be liable to the Subscriber and/or any person, firm, body corporate claiming through, under or in trust for the Subscriber and the Subscriber hereby waives all claims/actions of any delays or losses, including, but not limited to, loss of business, profit, revenue or goodwill demands fees, cost expenses, order judgment, etc. or any direct, incidental or consequential losses arising out of any delays, interruption, errors of defects, or failure to provide any part of the DTH Services including, without limitation, in the event that such error, interruption or delay arises in connection with any of the following: (i) the termination or Company’s access to all or any portion of content/Channels; (ii) the relocation of all or any portion of orrelocaationn yof allporoarnytpoirtioonnof the Services to different satellite(s); (iii) a change in the software, applications, features and/or functionalities available with your equipment; (iv) any software or other downloads initiated by us; (v) any acts of god, fires, earthquakes, floods, power or technical failure, satellite or uplink failure, acts of any governmental body; or

Disclaimer and Limitation of Liability. 13.6.1 The Company makes no express or implied warranties, guarantees, representations or undertakings whatsoever regarding the Services/ equipment etc., unless expressly mentioned in the Contract. The Company specifically disclaims any statements indicating that the CPE Company Hardware shall be without any fault or damage, including faults or damages resulting from exposure to adverse environmental conditions, including excessive moisture and excessive temperatures or damage to the CPE Company Hardware on account of Force Majeure. 13.6.2 Subscriber availing any of the services supplied by the Company shall be at the sole risk, costs, charges and consequences of the Subscriber. Company, its affiliates, group companies, their officers, directors, employees, subcontractors, exclude all warranties, express or implied, in connection with the Services, including the use, accuracy, fitness for purpose, merchantability, completeness of the Services, suspension or cessation of the Services, any fraud, misrepresentation, negligence or loss that may be caused to the Subscriber or any third party in connection therewith. Company shall not be responsible for any deficiency in Services, delay and/or disruption in Services attributable, directly or indirectly, damage to property or person that may take place during or in connection with any Installations, any loss incurred to the Subscriber or any third party resulting from the use of the Services or any omission or, consequential or indirect damages or losses. The liability of the Company will be limited to only proven direct damages or losses incurred by the Subscriber or any third party and the Company’s liability shall not exceed the Subscription &RPSDQ\·sVhal l nOotLexDceeEd LtheOSLubWscr\ip tion Fee paid by the Subscriber for the Service in the six (6) months immediately preceding the specific event that gave rise to such damage or loss. 13.6.3 Company shall not be liable to the Subscriber and/or any person, firm, body corporate claiming through, under or in trust for the Subscriber and the Subscriber hereby waives all claims/actions of any delays or losses, including, but not limited to, loss of business, profit, revenue or goodwill demands fees, cost expenses, order judgment, etc. or any direct, incidental or consequential losses arising out of any delays, interruption, errors of defects, or failure to provide any part of the DTH Services including, without limitation, in the event that such error, interruption or delay arises in connection with any of the following: (i) the termination or Company’s access to all or any portion of content/Channels; (ii) the relocation of all or any portion of RU &RPSDQ\·V DFFHVV WR DOO RUrel ocaDtioQn \of allSorRaUnyWpoLrtiRonQof RI FRQ the Services to different satellite(s); (iii) a change in the software, applications, features and/or functionalities available with your equipment; (iv) any software or other downloads initiated by us; (v) any acts of god, fires, earthquakes, floods, power or technical failure, satellite or uplink failure, acts of any governmental body; or

Disclaimer and Limitation of Liability. 13.6.1 The Company makes no express or implied warranties, guarantees, representations or undertakings whatsoever regarding the Services/ equipment etc., unless expressly mentioned in the Contract. The Company specifically disclaims any statements indicating that the CPE shall be without any fault or damage, including faults or damages resulting from exposure to adverse environmental conditions, including excessive moisture and excessive temperatures or damage to the CPE on account of Force Majeure. 13.6.2 Subscriber availing any of the services supplied by the Company shall be at the sole risk, costs, charges and consequences of the Subscriber. Company, its affiliates, group companies, their officers, directors, employees, subcontractors, exclude all warranties, express or implied, in connection with the Services, including the use, accuracy, fitness for purpose, merchantability, completeness of the Services, suspension or cessation of the Services, any fraud, misrepresentation, negligence or loss that may be caused to the Subscriber or any third party in connection therewith. Company shall not be responsible for any deficiency in Services, delay and/or disruption in Services attributable, directly or indirectly, damage to property or person that may take place during or in connection with any Installations, any loss incurred to the Subscriber or any third party resulting from the use of the Services or any omission or, consequential or indirect damages or losses. The liability of the Company will be limited to only proven direct damages or losses incurred by the Subscriber or any third party and the Company’s liability shall not exceed the Subscription &RPSDQ\·sVhal l nOotLexDceeEd LtheOSLubWscr\ip tion Fee paid by the Subscriber for the Service in the six (6) months immediately preceding the specific event that gave rise to such damage or loss. 13.6.3 Company shall not be liable to the Subscriber and/or any person, firm, body corporate claiming through, under or in trust for the Subscriber and the Subscriber hereby waives all claims/actions of any delays or losses, including, but not limited to, loss of business, profit, revenue or goodwill demands fees, cost expenses, order judgment, etc. or any direct, incidental or consequential losses arising out of any delays, interruption, errors of defects, or failure to provide any part of the DTH Services including, without limitation, in the event that such error, interruption or delay arises in connection with any of the following: (i) the termination or Company’s access to all or any portion of content/Channels; (ii) the relocation of all or any portion of RU &RPSDQ\·V DFFHVV WR DOO RU DQ\ SRUWLRQ RI FRQ the Services to different satellite(s); (iii) a change in the software, applications, features and/or functionalities available with your equipment; (iv) any software or other downloads initiated by us; (v) any acts of god, fires, earthquakes, floods, power or technical failure, satellite or uplink failure, acts of any governmental body; or