Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 6 contracts
Samples: Goodtime Subscription Terms and Conditions, Cappfinity Standard Terms, Standard Terms Agreement
Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 12 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 5 contracts
Samples: Terms of Service, Terms of Service, End User Agreement
Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 9 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 3 contracts
Samples: Terms of Service, Terms of Service, Terms of Service
Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 11 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 2 contracts
Samples: Terms of Service, End User License Agreement
Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 2 contracts
Samples: Saas Subscription Agreement, General Terms and Conditions
Failure of Essential Purpose. The parties agree have agreed that the limitations specified in this Section 8 14 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: Authorized Reseller Agreement
Failure of Essential Purpose. The parties agree have agreed that the limitations specified in this Section 8 14 are a reasonable allocation of risk and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: Value Added Reseller Agreement (Who Vision Systems Inc /Fl)
Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 will 7 shall survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purposebe unenforceable.
Appears in 1 contract
Samples: Intellectual Property Licensing Agreement (ACI Global CORP)
Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 will survive and apply even if any limited remedy specified in this Agreement is found to have failed havefailed of its essential purposeessentialpurpose.
Appears in 1 contract
Samples: Subscription Agreement
Failure of Essential Purpose. The parties agree have agreed that the limitations specified in this Section 8 13 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: Software License and Distribution Agreement (Talarian Corp)
Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 will survive and apply even if any limited remedy specified in this the Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: Master Contract
Failure of Essential Purpose. The parties agree have agreed that the limitations specified in this Section 8 7 will survive and apply even if any limited remedy specified in this the Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: License Agreement
Failure of Essential Purpose. The parties Parties agree that the limitations specified in this Section 8 11 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: Master Services Agreement
Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 5 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: Software as a Service Agreement
Failure of Essential Purpose. The parties Parties agree that the limitations specified in this Section 8 will 5 shall survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 7 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: Terms of Service
Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: End User Agreement