L imitation of Liability. SUBJECT TO APPLICABLE LAW, DEALER UNDERSTANDS AND AGREES THAT NEITHER SHIFT DIGITAL, NOR SUBARU NOR THE SERVICE PROVIDERS, NOR ANY OF THEIR AFFILIATES OR LICENSORS SHALL BY LIABLE TO DEALER FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY DEALER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY DEALER AS A RESULT OF: (I) ANY RELIANCE PLACED BY DEALER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN DEALER AND ANY THIRD PARTY REGARDING DEALER’S USE OF THE SERVICES, (II) ANY CHANGES WHICH SHIFT DIGITAL OR ANY SERVICE PROVIDER MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY DEALER CONTENT, DEALER DATA, AND/OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH DEALER'S USE OF THE SERVICES; (IV) DEALER'S FAILURE TO PROVIDE SHIFT DIGITAL OR ANY SERVICE PROVIDER WITH ACCURATE ACCOUNT INFORMATION; OR (V) DEALER'S FAILURE TO KEEP DEALER'S PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE ABOVE LIMITATIONS ON LIABILITY SHALL APPLY REGARDLESS OF WHETHER A PARTY IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL THE LIABILITY OF SHIFT DIGITAL, SUBARU OR THE SERVICE PROVIDERS, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY SERVICE FEE PAID BY DEALER FOR THE MONTH IN WHICH THE BREACH OR CAUSE OF DAMAGE OCCURRED.
L imitation of Liability. (a) SORACOM is liable under the laws of England and Wales concerning compensation for losses caused by acts or omissions caused by SORACOM or by someone for who SORACOM is responsible for with the restrictions listed below.
L imitation of Liability. LICENSEE ACKNOWLEDGES AND AGREES THAT THE CONTROLLER IS INHERENTLY COMPLEX AND MAY THEREFORE NOT BE COMPLETELY FREE OF ERRORS. LICENSEE FURTHER ACKNOWLEDGES THAT THE PERFORMANCE OF THE CONTROLLER MAY BE AFFECTED BY ANY NUMBER OF FACTORS, INCLUDING WITHOUT LIMITATION, TECHNICAL FAILURE OF THE CONTROLLER, ACTS OR OMISSIONS OF THIRD PARTIES, ELECTRICITY SUPPLY, ENVIRONMENTAL CONDITIONS AND OTHER CAUSES REASONABLY BEYOND THE CONTROL OF UNITRONICS. BY USING THE CONTROLLER LICENSEE DECLARES THAT LICENSEE ACCEPTS THESE FACTS AND THEIR CONSEQUENCES. UNITRONICS, ITS OFFICERS, EMPLOYEES, SHAREHOLDERS, LICENSORS, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE (WHETHER UNDER CONTRACT, TORT - INCLUDING NEGLIGENCE - OR OTHERWISE), TO LICENSEE OR TO ANY THIRD PARTY, FOR ANY LOSS OR DAMAGE, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, AND INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, PROFITS OR GOODWILL ARISING FROM OR RELATED TO DELIVERY, USE, PERFORMANCE OF OR INABILITY TO USE THE CONTROLLER OR ANY OF ITS COMPONENTS, WHETHER FORESEEABLE OR NOT, EVEN IF UNITRONICS, OR ANY ONE ON ITS BEHALF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
L imitation of Liability. (a) If the SORACOM Private Network Service, the SORACOM System, the SORACOM Information or the accessorial services thereof become unavailable due to any cause imputable to a third party (including but not limited to telecommunication carrier(s) or cloud provider(s)), SORACOM shall not bear any responsibility in relation to such matter.
L imitation of Liability. THE MAXIMUM AGGREGATE Professional Services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. Customer shall notify PROS of any breach of such warranty within 90 days of the performance of the deficient Professional Services. Customer’s sole and exclusive remedy will be for PROS to promptly re-perform deficient Professional Services at no additional charge to Customer, provided however that if PROS fails to provide such remedy after using commercially reasonable efforts, Customer may exercise its rights provided herein for breach of contract, including, but not limited to, termination pursuant to Section 10.2.
L imitation of Liability. BY USING CARDMANAGER, YOU (I) AGREE THAT YOUR ACCESS AND USE OF CARDMANAGER AND ITS CONTENTS IS AT YOUR OWN RISK AND (II) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT WE SPECIFICALLY DISCLAIM ANY LIABILITY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, UNSOLICITED OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OUT OF YOUR ACCESS TO OR USE OF CARDMANAGER (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY IMPACT YOUR EQUIPMENT. 18. N O WARRANTY. WE MAKE NO WARRANTY THAT THE CARDMANAGER SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OF ANY KIND WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS TO CARDMANAGER. WE WILL USE OUR BEST EFFORTS TO INCLUDE AND MAKE AVAILABLE ACCURATE AND UP-TO-DATE INFORMATION IN CARDMANAGER, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION.
L imitation of Liability. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL TERM, THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2).
L imitation of Liability. Notwithstanding anything contained in this Agreement, including the Indemnification provisions, the entire liability of IMCL for any and all claims arising out of this Agreement to the Broadcaster or to any third party shall not exceed the lowest Carriage Fee for any 1 (one) month that has till such date been received by IMCL from the Broadcaster . Liability in excess of such paid Carriage Fee, if any, shall be borne by the Broadcaster.
L imitation of Liability. 1. Dataprise's failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, war, terrorism, strikes, fires, floods, acts of God, governmental restrictions or power failures shall not be deemed a breach of this Agreement.
L imitation of Liability. IN NO EVENT WILL CONTRACTOR'S AND ITS AFFILIATES', INCLUDING ANY OF ITS OR THEIR RESPECTIVE CONTRACTORS' AND SERVICE PROVIDERS', COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENTOR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO THE CONTRACTOR FOR THE PRECEDING SIX (6) MONTHS OF SERVICES AND LICENSED SOFTWARE PROGRAMS PROVIDED UNDER THIS AGREEMENT.
