Essential Basis. The disclaimers, exclusions and limitations of liability set forth in this Agreement form an essential basis of the bargain between the Parties, and, absent any of such disclaimers, exclusions or limitations of liability, the provisions of this Agreement, including, without limitation, the economic terms, would be substantially different.
Appears in 18 contracts
Samples: Digital Ticket Sales Agreement, Software License Agreement, Services Agreement
Essential Basis. The disclaimers, exclusions exclusions, and limitations of liability set forth in this Agreement form an essential basis of the bargain between the Parties, and, absent any of such disclaimers, exclusions or limitations of liability, the provisions of this Agreement, including, without limitation, the economic terms, would be substantially different. The disclaimers, exclusions, and limitations of liability set forth in this Agreement shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Appears in 10 contracts
Samples: Hosted Services Subscription Agreement, Terms of Sale, Terms of Sale
Essential Basis. The Parties agree that the disclaimers, exclusions and limitations of liability set forth in this Agreement form an essential basis of the bargain between the Parties, and, absent any of such disclaimers, exclusions or limitations of liability, the provisions terms of this Agreement, including, without limitation, the economic terms, would be substantially different. Any laws preventing such limitations on liability shall only apply to the extent required by law and the remaining unaffected terms shall apply in full.
Appears in 3 contracts
Samples: Software License Agreement, End User License Agreement, End User License Agreement
Essential Basis. The disclaimers, exclusions exclusions, and limitations of liability set forth in this Agreement form an essential basis of the bargain between the Parties, and, absent any of such disclaimers, exclusions exclusions, or limitations of liability, the provisions of this Agreement, including, without limitation, the economic terms, would be substantially different.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Essential Basis. The disclaimers, exclusions and limitations of liability set forth in this Agreement form an essential basis of the bargain between the Partiesparties, and, absent any of such disclaimers, exclusions or limitations of liability, the provisions of this Agreement, including, without limitation, the economic terms, would be substantially different.
Appears in 2 contracts
Samples: Terms of Service, Cisco Umbrella Enterprise Terms of Service
Essential Basis. The disclaimers, exclusions and limitations of liability set forth in this Agreement form an essential basis of the bargain between the Partiesparties, and, absent any of such disclaimers, exclusions or limitations of liability, the provisions of this Agreement, including, including without limitation, the economic terms, would be substantially different.
Appears in 1 contract
Samples: End User License Agreement
Essential Basis. The disclaimers, exclusions and limitations of liability set forth in this Agreement form an essential basis of the bargain between the Parties, and, absent any of such disclaimers, exclusions or limitations of liability, the provisions of this Agreement, including, without limitation, including the economic terms, would be substantially different.
Appears in 1 contract
Samples: Master Services Agreement
Essential Basis. The disclaimers, exclusions and limitations of liability set forth in this Agreement form an essential basis of the bargain between the Partiesparties, and, absent any of such disclaimers, exclusions or limitations of liability, the provisions of this Agreement, including, without limitation, the economic termsAgreement, would be substantially different.
Appears in 1 contract
Samples: Sales Alliance Agreement
Essential Basis. The disclaimers, exclusions exclusions, and limitations of liability set forth in this Agreement form an essential basis of the bargain between the Parties, Parties and, absent any of such disclaimers, exclusions or limitations of liability, the provisions of this Agreement, Agreement β including, without limitation, the economic terms, terms β would be substantially different.
Appears in 1 contract
Samples: Cloud and Support Agreement
Essential Basis. The parties acknowledge and agree that the disclaimers, exclusions and limitations of liability set forth in this Agreement and the allocation of risk herein form an essential basis of the bargain between the Partiesparties, andand that, absent any of such disclaimers, exclusions or limitations of liability, the provisions terms of this Agreement, including, without limitation, including the economic terms, would be substantially differentdifferent and without which SKOUT would not have entered into this Agreement.
Appears in 1 contract
Samples: Managed Services Provider Agreement
Essential Basis. The disclaimers, exclusions and limitations of liability set forth in this Agreement form an essential basis of the bargain between the Partiesparties, and, absent any of such disclaimers, exclusions or limitations of liability, the provisions of this Agreement, including, without limitation, including the economic terms, would be substantially different.
Appears in 1 contract
Samples: License Agreement
Essential Basis. The disclaimers, exclusions and limitations of liability set forth in this Agreement form an essential basis of the bargain between the Parties, and, absent any of such disclaimers, exclusions or limitations of liability, the provisions of this Agreement, including, without limitation, the economic terms, would be substantially different.
Appears in 1 contract
Samples: Service Agreement