EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAW, PROVIDER ANDONSTAR AND THEIR RESPECTIVE AFFILIATES AND THE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS THEREOF (“PROVIDER PARTIES”) SHALL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH THIS LICENSE, THE PRODUCT, OR ANY SERVICES OR INFORMATION THE PRODUCT ACCESSES OR PROVIDES FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR AMOUNTS FOR LOSS OF INCOME, PROFITS, OR SAVINGS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PRODUCT. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF PROVIDER, ONSTAR OR ANY PROVIDER PARTY KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES AND WHETHER ARISING BASED ON NEGLIGENCE, TORT, OR BREACH OF CONTRACT. TO THE EXTENT THAT ANY COURT FINDS PROVIDER, ONSTAR, OR ANY PROVIDER PARTY LIABLE FOR ANY CLAIM IN CONNECTION WITH THIS LICENSE, THE PRODUCT OR ANY SERVICES OR INFORMATION THE PRODUCT ACCESSES OR PROVIDES, AND TO THE EXTENT ALLOWED BY LAW, YOU AGREE THAT PROVIDER,ONSTAR, AND THE PROVIDER PARTIES SHALL COLLECTIVELY ONLY BE LIABLE FOR DIRECT DAMAGES AND THE MAXIMUM DAMAGES FOR ALL SUCH CLAIMS IN THE AGGREGATE SHALL BE NO GREATER THAN $100.00. FURTHER, THIRD PARTY PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OFONSTAR. TO THE EXTENT PERMITTED BY LAW, ONSTAR DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT, OR DELAY DUE TO AN ACT OR OMISSION OF A THIRD PARTY PROVIDER. TO THE EXTENT PERMITTED BY APPLICABLE LAW,ONSTAR SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER'S BREACH OF ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ACCURACY, NOR SHALLONSTAR BE RESPONSIBLE FOR ANY OTHER BREACH OR WRONGDOING OF A THIRD PARTY PROVIDER (INCLUDING ANY LIABILITY IN TORT), AS TO ANY PRODUCTS AND/OR SERVICES OR INFORMATION AVAILABLE THROUGH THE APPLICATION SERVICES.ONSTAR SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH THIS AGREEMENT NOR FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL LAW.
EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY.
13.1. To the maximum extent permitted by law, and except for Claims relating to unpaid Fees, Licensee’s breach of Paper Software’s Intellectual Property Rights in the Software, a party’s breach of the confidentiality provisions herein and/or a party’s gross negligence or willful misconduct, neither party nor any of its respective directors, officers, employees, and licensors (each, a “Released Party”), will have any liability to the other party for indirect, inci- dental, special, consequential or punitive damages (including, without limi- tation, any loss of use, lost profits, business or revenue, loss of goodwill or other economic advantage, or loss of privacy) arising out of or related to this Agreement, or the Software or Services, even if either party or a Released Party has been advised of, or knew or should have known of, the possibility of such damages. To the extent this exclusion of liability is unenforceable, despite the parties’ express agreement to it as an essential element of this Agreement, each party’s liability will be limited as provided in Section 13.2.
13.2. Without limiting the scope or effect of Section 13.1 above, and except for Claims relating to unpaid Fees, Licensee’s breach of Paper Software’s Intel- lectual Property Rights in the Software, Paper Software’s payments to third parties pursuant to the indemnification under Section 14.2, a party’s breach of the confidentiality provisions herein, a party’s gross negligence or willful misconduct, personal injuries (including death) and/or tangible property dam- age, in no event will either party and the Released Parties’ total liability with respect to all Claims arising out of or related to this Agreement, the Soft- xxxx or Services (including Claims of negligence and strict liability) exceed the Fees paid by Licensee to Paper Software during the 12-month period im- mediately preceding the event giving rise to the Claim (excluding applicable taxes). Licensee acknowledges that this amount may be $0.
EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. AVORD LTD may charge fees for you to access and use the Site and Content pursuant to these T&Cs. The Site does not conduct commercial transactions; the Content is comprised of general information and describes some of the basic elements of the AVORD LTD service. As consideration for your access and use of the Site and Content pursuant to these T&Cs, you further agree that AVORD LTD WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR THE LIKE) ARISING OUT OF OR RELATING TO THIS T&Cs, INCLUDING WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, PLATFORM, MATCHING SERVICES, CONTENT, PROPRIETARY INFORMATION, OR ANY INTERRUPTION OR DISRUPTION OF SUCH USE, EVEN IF AVORD LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE). THE AGGREGATE LIABILITY OF AVORD LTD WITH REGARD TO THIS T&Cs WILL IN NO EVENT EXCEED GBP £1.00.
EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY a) Exclusion of Certain Damages EXCEPT FOR A VIOLATION OF RIMAGE DESIGNS’ INTELLECTUAL PROPERTY RIGHTS OR FOR THE INDEMNITIES BELOW, NEITHER PARTY IS LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, COSTS OF DELAY, LOSS OF DATA OR INFORMATION, AND ANY FAILURE OF DELIVERY OF THE SERVICES).
b) Limitation of Liability RIMAGE SOLUTIONS’ LIABILITY FOR ANY and ALL DAMAGES RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) WILL BE ACCORDING TO THE SERVICE CONTRACT AND DOES NOT EXCEED THE ACTUAL AMOUNT PAID BY END USER WITHIN THE PRECEDING 6 MONTHS UNDER THIS AGREEMENT.
EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY a). EXCLUSION OF CERTAIN DAMAGES. PACIFIC APPRRAISAL IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, COSTS OF DELAY, LOSS OF DATA OR INFORMATION OR LOST PROFITS) ARISING OUT OF OR RELATING TO THIS AGREEMENT.
EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. 12.1 This limitation on damages applies to loss and damages of all types, including but not limited to direct, compensatory, indirect, special, consequential, exemplary, or incidental damages incurred by any person. This limitation on damages applies as well to liability under contract, delict, and any other form of liability claim.
EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. A. EXCLUSION OF CERTAIN DAMAGES. NEITHER PARTY IS LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, COSTS OF LOST OR DAMAGED MATERIAL) ARISING UNDER OR RELATING TO THIS AGREEMENT AND ALL ORDERS AND SOWS.
EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. Any liability on the part of OnStar for damages or wasted expenditures howsoever caused shall, irrespective of its legal basis, be limited to the extent permitted by applicable law to the amount of the foreseeable damages typical for this type of contract due to a breach of contractual obligations. None of the limitations of liability contained in this section or elsewhere in this Agreement shall apply to any liability for breach of statutory implied terms or any liability which cannot be limited as a matter of applicable law, in particular liability for personal injury or death caused by negligence, fraud, or wilful misconduct. You acknowledge that the benefits You get from this Agreement are, in part, in exchange for the limitations of liability set out in this Agreement. You are obliged to take all reasonable measures to mitigate, avert and reduce damages.
EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT AND OTHER THAN FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, MR IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, COSTS OF DELAY, LOSS OF DATA OR INFORMATION, AND ANY FAILURE OF DELIVERY OF THE SERVICE).
EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. EXCEPT IN RESPECT OF A PARTY'S BREACH OF SECTION 2 (GRANT OF LICENSE), OR 5 (CONFIDENTIAL INFORMATION), NEITHER PARTY WILL IN ANY CIRCUMSTANCE BE LIABLE TO THE OTHER, OR TO ANY OTHER PERSON CLAIMING THROUGH SUCH PARTY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR EXPENSES OF ANY TYPE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFITS, SAVINGS, BUSINESS, DATA, REVENUE, EQUIPMENT, ANTICIPATED BENEFITS ARISING OUT OF THE USE OR INABILITY TO USE SOFTWARE OR INCORPORATED TECHNOLOGY, COSTS OF OVERHEAD OR COSTS ASSOCIATED WITH THE INABILITY TO USE THE SUBJECT TECHNOLOGIES, LOSS FROM ANY COMPLETE OR PARTIAL COMPUTER OR WORK STOPPAGE OR OTHER SIMILAR DAMAGES, WHETHER SUCH DAMAGES OR EXPENSES ARISE OUT OF CONTRACT (INCLUDING FUNDAMENTAL BREACH) OR TORT (INCLUDING NEGLIGENCE) EVEN IF ANY OF THE PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
