DISCLAIMER AND LIMITATIONS OF LIABILITY. THE SOFTWARE IS PROVIDED “AS IS.” ENTHOUGHT MAKES AND CUSTOMER RECEIVES NO WARRANTY EXPRESSED OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, NON-INFRINGEMENT AND NON-INTERFERENCE ARE HEREBY DISCLAIMED. ENTHOUGHT SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR THE SOFTWARE DELIVERED HEREUNDER FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ENTHOUGHT’S LIABILITY UNDER OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT OF FEES PAID TO ENTHOUGHT BY CUSTOMER HEREUNDER.
DISCLAIMER AND LIMITATIONS OF LIABILITY. The parties’ activities relating to the supply of Products to Agile shall be subject to the disclaimers, limitations of liability, exclusions of damages, and other terms set forth in Section 7.5 and Article 9 hereof.
DISCLAIMER AND LIMITATIONS OF LIABILITY. VENDOR DOES NOT WARRANT THAT THE EVALUATION PRODUCT WILL MEET LEVEL 3’s REQUIREMENTS, THAT OPERATION OF THE EVALUATION PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. EXCEPT FOR A VIOLATION OF A PARTY’S CONFIDENTIALITY OBLIGATIONS UNDER SECTION 9, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING ANY LOST BUSINESS PROFITS) ARISING IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE. THIS EXCLUSION SHALL APPLY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER AND LIMITATIONS OF LIABILITY. 14.1 IN NO EVENT WILL EITHER PARTY BE LIABLE FOR (a) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR (b) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE PRODUCTS. A PARTY'S LIABILITY FOR DAMAGE TO PROPERTY SHALL BE LIMITED TO PHYSICAL DAMAGE DIRECTLY CAUSED BY THE SOLE NEGLIGENCE OF SUCH PARTY. EMC'S LIABILITY TO COMPANY SHALL IN NO EVENT EXCEED THE LESSER OF THE AGGREGATE PURCHASE PRICE OF THE PRODUCTS PAID UNDER THIS AGREEMENT OR ONE MILLION DOLLARS ($1,000,000). NEITHER PARTY SHALL BRING ANY CLAIM ARISING UNDER THIS AGREEMENT MORE THAN EIGHTEEN MONTHS AFTER SUCH CLAIM HAS ACCRUED. EXCEPT AS PROVIDED IN EMC'S WARRANTIES TO END-USERS IN NO EVENT WILL EMC BE LIABLE TO END-USERS OR OTHER THIRD PARTIES FOR ANY DAMAGES, EXCEPT FOR THOSE SPECIFIED IN SECTION 13, INCLUDING BUT NOT LIMITED TO: (i) DAMAGES CAUSED BY THE COMPANY'S FAILURE TO PERFORM ITS COVENANTS AND RESPONSIBILITIES, BY REASON OF EMC'S NEGLIGENCE FOR OTHERWISE; (ii) DAMAGES CAUSED BY REPAIRS OR ALTERATIONS DONE WITHOUT EMC'S WRITTEN APPROVAL; OR (iii) DAMAGES DUE TO DETERIORATION DURING PERIODS OF STORAGE BY THE COMPANY OR ANY OF ITS CUSTOMERS. THE COMPANY SHALL INDEMNIFY AND HOLD EMC HARMLESS AGAINST ALL SUCH CLAIMS ASSERTED BY THE END-USERS OR OTHER THIRD PARTIES AS A RESULT OF THE COMPANY'S ACTS OR OMISSIONS. EMC SHALL HAVE NO LIABILITY TO THE COMPANY FOR DAMAGES OF ANY KIND, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ON ACCOUNT OF THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EMC SHALL NOT BE LIABLE TO COMPANY ON ACCOUNT OF THE TERMINATION OR THE EXPIRATION OF THIS AGREEMENT FOR REIMBURSEMENT OR DAMAGES FOR THE LOSS OF GOODWILL, PROSPECTIVE PROFITS OR ANTICIPATED SALES, OR ON ACCOUNT OF ANY EXPENDITURES INVESTMENTS OR COMMITMENTS MADE BY THE COMPANY OR FOR ANY REASON WHATSOEVER BASED UPON OR GROWING OUT OF SUCH TERMINATION OR EXPIRATION.
14.2 To the extent a claim or action is brought against EMC based on or related to the Company's failure to observe or perform its obligations under this Agreement, including its obligation to notify End-Users of limitations and disclaimers of warranties and liabilities, the Company shall defend and hold EMC harmless from and against any and all damages, costs and expenses, including reasonable attorney's fees, suffered against EMC.
DISCLAIMER AND LIMITATIONS OF LIABILITY. Section 7.01
DISCLAIMER AND LIMITATIONS OF LIABILITY. The Content and the Service are provided on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, Robinhood and the Third-Party Providers expressly disclaim all warranties of any kind with respect to the Content and the Service, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Robinhood nor Third-Party Providers guarantee the accuracy, timeliness, completeness or usefulness of any Content. You agree to use the Content and the Service only at your own risk. Neither Robinhood nor the Third-Party Providers explicitly or implicitly endorse or approve any Third Party Content. Third Party Content is provided for informational purposes only. The Content is not intended to provide financial, legal, tax or investment advice or recommendations, unless specifically identified as an individualized recommendation in writing. You are solely responsible for determining whether any self-directed investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation. ROBINHOOD AND THE THIRD-PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ROBINHOOD OR ANY THIRD-PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) , RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE CONTENT OR THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (3) ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA DUE TO YOUR CONDUCT, INACTION OR NEGLIGENCE; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT OR THE SERVICE.
DISCLAIMER AND LIMITATIONS OF LIABILITY. 11.1. Except as expressly set forth in this agreement, Fraxion does not make any other representation, warranty, or guaranty, as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the services provided or offered hereunder.
11.2. Except as expressly set forth herein, the services provided to customer hereunder are provided strictly on an “as is” basis and all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement of third party rights or any warranties arising from usage of trade, course of dealing or course of performance are hereby disclaimed to the maximum extent permitted by applicable law.
11.3. To the extent permitted by law, Fraxion’s total and aggregated liability arising out of or related to this agreement or the services provided hereunder whether based on contract, delict (including negligence) or any other legal or equitable theory, shall not exceed the amounts actually paid by Customer in the twelve (12) month period immediately preceding the event giving rise to such liability under this agreement.
11.4. The existence of more than one claim shall not enlarge this limit.
11.5. The limitations in this clause shall not apply to Customer’s obligation to pay fees legally owed under this agreement, each party’s indemnification obligations under this agreement, or infringement by a party of the other party’s Intellectual Property rights.
11.6. In no event shall either party be liable under the agreement for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage), regardless of the cause, arising out of or in connection with the agreement or the services provided hereunder, even if the party from which damages are being sought has been previously advised of the possibility of such damages.
11.7. Nothing herein shall limit a party’s liability in an action in delict (separate and distinct from a cause of action for breach of this agreement) for the party’s gross negligence or wilful misconduct.
DISCLAIMER AND LIMITATIONS OF LIABILITY. Notwithstanding anything herein to the contrary, Lessor shall not be responsible or liable for any revenues foregone by the Lessee, while any part of the Equipment is not functioning properly. Lessor shall also not be responsible or liable for any losses, damages, injuries, claims, penalties, demands and all expenses, legal or otherwise (including reasonable attorneys' fees) of whatever kind and nature arising from any patron disputes involving such Equipment. The liability of Lessor for any of the Equipment leased hereunder, whether in contract, in tort, under warranty, in negligence or otherwise, shall not exceed the fair market value of the Equipment itself and under no circumstances shall Lessor be liable for direct, special, indirect, or consequential damages. Any unauthorized modification, alteration, or revision of all or any portion of the Equipment shall cause the warranty described above to be null and void. Lessor, its affiliates, subsidiaries, representatives, and agents make no other warranty, express or implied. IN NO EVENT SHALL LESSOR BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, ARISING OUT OF THIS LEASE OR ANY LEASE SCHEDULE REGARDLESS OF THE NATURE OF ANY CLAIM MADE BY LESSEE, BUT EXCLUDING DIRECT DAMAGES RESULTING FROM LESSOR'S BREACH OF SECTION 16.4.
DISCLAIMER AND LIMITATIONS OF LIABILITY. THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES, AND OTHER INFORMATION APPEARING ON AND IN CONNECTION WITH THE SITE ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES, OR OPERATIONS WILL BE AVAILABLE OR PERFORMED AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES, AND USER POSTINGS ARE HEREBY DISCLAIMED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge, and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, and validity of any and all features and functions of the Site. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PRATHYANGIRA CINEMAS, ITS AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SITE OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES. You further understand and acknowledge the capacity of the Site, in the aggregate and for each User, is limited. Consequently, some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Prathyangira Cinemas assumes no liability, responsibility, or obligation to transmit, process, store, receive, or deliver transactions or for any failure or delay associated with the same and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any such transactions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in these Terms of Use may not apply to you.
DISCLAIMER AND LIMITATIONS OF LIABILITY. Notwithstanding anything herein to the contrary, Lessor shall not be responsible or liable for any revenues foregone by the Lessee, while any part of the Equipment is not functioning properly. Lessor shall also not be responsible or liable for any losses, damages, injuries, claims, penalties, demands and all expenses, legal or otherwise (including reasonable attorneys' fees) of whatever kind and nature arising from any patron disputes involving such Equipment. The liability of Lessor for any of the Equipment leased hereunder, whether in contract, in tort, under warranty, in negligence or
