Common use of Exclusive Remedy and Limitation of Liability Clause in Contracts

Exclusive Remedy and Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL THE HOCKEY ENTITIES, ITS AFFILIATES, BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY HOCKEY ENTITIES CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE HOCKEY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE HOCKEY ENTITIES' LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

Exclusive Remedy and Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL WFIFL, LLC, THE HOCKEY ENTITIESKNIGHT HAWKS, OR ANY OF ITS AFFILIATES, BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION LIMITATION, ANY HOCKEY ENTITIES KNIGHT HAWKS CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WFIFL, LLC, THE HOCKEY ENTITIES KNIGHT HAWKS OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, WFIFL, LLC’S, THE HOCKEY ENTITIES' KNIGHT HAWKS’ AND ITS AFFILIATES’ LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

Exclusive Remedy and Limitation of Liability. UNDER IN NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL THE HOCKEY ENTITIES, ITS AFFILIATES, INSTANCE SHALL R&K BE LIABLE FOR DAMAGES ANY CONSEQUENTIAL DAMAGES, WHETHER ARISING FROM TORT OR LOSSES CONTRACT, INCLUDING WITHOUT LIMITATION DIRECTLOSS OF DATA, REVENUE OR PROFITS, OR ANY OTHER INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE SPECIAL DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, USE OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY HOCKEY ENTITIES CONTENT, OR ANY SITES LINKED FROM THE SERVICESLICENSED PROGRAMS, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT CAUSED AND BASED ON ANY THEORY OF LIABILITY, OR OTHERWISE, . THIS LIMITATION SHALL APPLY EVEN IF THE HOCKEY ENTITIES HAVE R&K HAS BEEN ADVISED NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT MAY ANY ACTION BE BROUGHT AGAINST R&K ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES, DETERMINED WITHOUT REGARD TO WHEN THE CUSTOMER SHALL HAVE LEARNED OF THE DEFECT, INJURY OR LOSS. R&K SHALL NOT IN ANY EVENT BE LIABLE FOR MORE THAN THE AMOUNT PAID BY THE CUSTOMER TO R&K FOR THE LICENSE OF THE LICENSED PROGRAMS UNDER THIS AGREEMENT OR THE AMOUNT PAID BY THE CUSTOMER FOR SUPPORT SERVICES DURING THE SUPPORT SERVICES TERM IN WHICH THE LIABILITY AROSE (WHETHER IN EACH CASE SUCH LIABILITY ARISES FROM ANY PROVISION OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO SECTION 6 HEREOF, BREACH OF WARRANTY, BREACH OF THIS AGREEMENT OR OTHERWISE, AND WHETHER IN CONTRACT OR IN CONNECTION WITH ANY FAILURE TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY) EXCEPT FOR R&K’S UNAUTHORIZED DISCLOSURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, CUSTOMER’S NONPUBLIC DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE HOCKEY ENTITIES' LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

Exclusive Remedy and Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION EXCEPT FOR BODILY INJURY PROXIMATELY CAUSED BY AVAYA’S NEGLIGENCE, WILL YOUR EXCLUSIVE REMEDY AND AVAYA’S ENTIRE LIABILITY ARISING FROM OR RELATING TO THIS LICENSE AGREEMENT OR TO THE HOCKEY ENTITIES, ITS AFFILIATES, SOFTWARE OR DOCUMENTATION SHALL BE LIMITED TO DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED $10,000. AVAYA SHALL NOT IN ANY CASE BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECTANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY HOCKEY ENTITIES CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISEDAMAGES, EVEN IF THE HOCKEY ENTITIES HAVE AVAYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AVAYA IS NOT RESPONSIBLE FOR LOST PROFITS OR REVENUE OR SAVINGS, LOSS OF USE OF THE SOFTWARE, LOSS OF DATA, COSTS OF RECREATING LOST DATA, THE COST OF ANY SUBSTITUTE EQUIPMENT OR PROGRAM, CHARGES FOR COMMON CARRIER TELECOMMUNICATION SERVICES OR FACILITIES ACCESSED THROUGH OR CONNECTED TO THE SOFTWARE (TOLL FRAUD), OR IN CONNECTION WITH CLAIMS BY ANY PERSON OTHER THAN YOU. THESE LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF PERFORMANCEAN EXCLUSIVE REMEDY. Some states do not allow the exclusion or limitation of incidental or consequential damages, ERRORso the above limitation or exclusion may not apply to You. Avaya grants You a personal, OMISSIONnon-transferable and non-exclusive right to use, INTERRUPTIONin object code form, DEFECTall software and related documentation furnished under the Agreement between Avaya aria [Reseller]. This grant shall be limited to use with the equipment for which the software was obtained or on a temporary basis, DELAY IN OPERATION OR TRANSMISSIONon back-up equipment when the original equipment is inoperable. Use of software on multiple processors is prohibited unless otherwise agreed to in writing by Avaya. You agree to use your best efforts to see that your employees and users of all software licensed under this Agreement comply with these terms and conditions and You will refrain from taking any steps, COMPUTER VIRUSsuch as reverse assembly or reverse compilation, LINE OR SYSTEM FAILUREto derive a source code equivalent of the software. You are permitted to make a single archive copy of software. Any copy must contain the same copyright notice and proprietary marking as the original software. Use of software on any equipment other than that for which it was obtained, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICEremoval of the software from the United States, DATAor any other material breach shall automatically terminate this license. If the terms of this license differ from the terms of any license packaged with the software, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE HOCKEY ENTITIES' LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWthe terms of the license packaged with the software shall govern.

Exclusive Remedy and Limitation of Liability. YOU AGREE THAT, UNDER NO CIRCUMSTANCESLEGAL THEORY, INCLUDING WITHOUT LIMITATION INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, WILL THE HOCKEY ENTITIESCOMMUNITY CONNECTION OR ITS OWNERS, ITS OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECTANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, SPECIALPUNITIVE, OR PUNITIVE EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT DAMAGES FOR LOSS OF THE TERMS OR YOUR ACCESSPROFITS, GOODWILL, USE, MISUSEDATA, OR INABILITY TO USE OTHER INTANGIBLE LOSSES OR THE SERVICESCOST OF ANY SUBSTITUTE EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY HOCKEY ENTITIES CONTENT, FACILITIES OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SERVICES (EVEN IF THE HOCKEY ENTITIES HAVE COMMUNITY CONNECTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION RELATING TO THIS AGREEMENT OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR OR YOUR INABILITY TO USE THE SITE, SERVICES, OR PAID SERVICES OR FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR DOWNLOADING THIS AGREEMENT. COMMUNITY CONNECTION’S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THIS AGREEMENT IS LIMITED TO THE LESSER OF: (A) $100; AND (B) THE TOTAL AMOUNTS YOU PAID TO COMMUNITY CONNECTION IN THE ONE (1) YEAR IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR DAMAGE. TO THE EXTENT ANY CONTENT ON IT PROVINCE, STATE OR ON ANY WEBSITE LINKED TO IT. BECAUSE SOME JURISDICTIONS DO JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE HOCKEY ENTITIES' COMMUNITY CONNECTION’S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL PROVINCE, STATE OR JURISDICTION WILL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD-PARTY LIABILITY OF ANY KIND. THE FOREGOING LIMITATIONS WILL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR LIMITS OUR LIABILITY FOR DEATH SERVICES PROVIDED ON ANY THIRD-PARTY SITES OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCEOTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN COMMUNITY CONNECTION AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD-PARTY SITES. Community Connection will have no liability whatsoever for any damages, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATIONliabilities, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWlosses, or any other consequences you may incur as a result of any modification, suspension or discontinuance of the Site and/or the Services.

Exclusive Remedy and Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCETHE NEGLIGENCE OF SUCH AN ENTITY, WILL FANSHIP, OR ANY THIRD PARTY INVOLVED IN HOSTING, OPERATING, CREATING, PRODUCING, OR DELIVERING THE HOCKEY ENTITIESSERVICES (INCLUDING THE SUBSCRIPTION SERVICES) (COLLECTIVELY, ITS AFFILIATES, THE "FANSHIP PARTIES") BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY HOCKEY ENTITIES FANSHIP CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE HOCKEY ENTITIES FANSHIP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE USE, EMBEDDING, OR DOWNLOADING OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE HOCKEY ENTITIESFANSHIP PARTIES' LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. SUBJECT TO APPLICABLE LAW ANY CLAIM AGAINST FANSHIP SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR ACCESS TO OR USE OF THE SERVICES. YOU AGREE TO GIVE FANSHIP WRITTEN NOTICE OF ANY CLAIM BY YOU AGAINST FANSHIP WITHIN ONE (1) YEAR OF THE EVENTS OR FACTS GIVING RISE TO THE CLAIM.