Liability and limitations of liability. 18.1 The Supplier shall be liable for any damage directly or indirectly resulting from non-performance, late performance or improper performance of the Agreement or from the breach of any contractual or non-contractual obligation towards Wavin or third parties. For the purpose of this clause, third parties shall also include Wavin staff, third parties engaged directly or indirectly by Wavin or their staff.
18.2 Inspection, purchase and/or payment by or on behalf of Wavin shall not release the Supplier from any obligation or liability.
Liability and limitations of liability. Each Party shall be liable to the other Party for Damages caused by the first Party’s breach of the Agreement, subject to the following limitations:
Liability and limitations of liability. 13.1 We strive to constantly improve the API and welcome you to inform us of any errors or defects in your user experience by sending us a message to xxxxxxxxxxx@xxxxxxx.xx. As further specified in this section ”Liability and Limitations of Liability” we however have limited possibilities to correct errors or defects.
13.2 You are aware and accept that Fortnox does not commit to, or provide any warranties regarding the quality, security, reliability, availability or performance of the API or the API-content. Accordingly, notwithstanding what is set out in our Technical Documentation (xxxx://xxxxxxxxx.xxxxxxx.xx), Change Policy (xxxx://xxxxxxxxx.xxxxxxx.xx/change-policy/) or other descriptions of the API’s function where the API is provided, you cannot expect that the API is error free, free from security issues, updated, or a suitable data source for the products or services you intend to use the API for.
13.3 You are aware and accept that you use the API and/or the API-content at your own risk and that Fortnox is not liable for any direct or indirect damage which you may suffer due to your use of, respectively your inability to use, the API and/or the API-content. In this Agreement, indirect damage shall be interpreted to mean for example loss of profit, loss of use of your Integrated Application, reimbursement for the use of a replacing service, loss of data, costs for trouble shooting, loss of goodwill and damage due to viruses and other security related issues.
13.4 Fortnox is not responsible to anyone other than you, such as e.g. your suppliers, partners or your Customers.
13.5 By generating data and information to the API, you accept that you are responsible for your right to publish and distribute such information, including but not limited to a responsibility to ensure that you (i) do not violate any third party’s intellectual property rights, (ii) are entitled to distribute any personal data, (iii) do not distribute information in breach of, or which allude to the breach of, applicable laws and regulations.
13.6 You undertake to indemnify Fortnox, our partners and employees for any claims from Customers and/or third parties arising out of your own and/or any others that you are responsible for using the API or API-content in breach of this Agreement.
13.7 You undertake to indemnify Fortnox, our partners and employees for any claims from Customers and/or third parties arising out of your own and/or any others that you are responsible for submitting...
Liability and limitations of liability. 9.1 The limitation of liability in the Cooperation Agreement (Section 7) shall also apply to liability arising from a breach of the Data Processing Agreement. However, the limitation of liability shall not apply to any claims of third parties (data subjects) against the Data Controller, as data controller, for losses resulting from the failure of the Data Pro- cessor to comply with the Data Processing Agreement concluded.
9.2 The Parties disclaim any liability for indirect losses, including operational losses, increased operational costs, lost savings or lost profits. It is specified that any claim by a third party (the data subjects) against the Data Controller as data controller, for losses resulting from the failure of the Data Processor to comply with the concluded data processing agreement, shall be counted as a direct loss.
9.3 The liability of the Parties for all cumulative claims under this Data Processing Agreement shall be limited to the limitation of liability set forth in the Agreement.
Liability and limitations of liability. 16.1. Xxxxxxxxxx is not responsible for damages or losses resulting from the Customer's incorrect use of the Service, including unauthorized access, incorrect configuration, or non-compliance with Åkerströms' instructions. The Customer is solely responsible for ensuring that all use of Customer Data complies with applicable laws and regulations.
16.2. Except as provided in the Terms, Åkerströms does not guarantee any third-party services that may be provided or used in connection with the Service, and Åkerströms is not responsible for damages, liabilities, or losses resulting from or related to such third-party services.
16.3. Xxxxxxxxxx is not responsible for providing support for problems arising from: (a) the Customer's misuse or incorrect use of the Service, (b) software or services from third parties, (c) modifications or changes to the Service by anyone other than Åkerströms, or (d) hardware or network infrastructure not provided by Åkerströms.
16.4. Åkerströms' liability for damages is limited per calendar year to an aggregate amount that the Customer has paid for the Service in the last 12 months, but not more than 100,000 SEK. Xxxxxxxxxx is not liable for the Customer's lost profits or other indirect damages. Nor does the liability cover the Customer's compensation obligations to third parties except in cases referred to in section 15. The limitation of liability under this section does not apply in cases of Åkerströms' intent or gross negligence.
16.5. Xxxxxxxxxx is not responsible for lack of access due to interruptions or communication problems on the internet or other private and public networks used to access the Service.
Liability and limitations of liability. 9.1. The Licensor shall in no circumstances - including negligence - be liable to the Licensee for indirect, incidental or consequential damages (including loss of anticipated profit, lost data and their re-establishment, loss of goodwill or any other similar consequential damages) in connection with or arising out of performance of the Program, even if the Licensor has been advised of the possibility of such damages.
9.2. The Licensor's liability for damages hereunder shall in no event - irrespective of negligence on the part of the Licensor - exceed the amount received by the Licensor as licence rental fee for the last twelve months under the Licence Rental Agreement that gives rise to the liability.
9.3. Licensor is liable for product liability according to the legislation in force at all times, but Licensor does not undertake any liability to a further extent than the liability under the legislation. Any liability based on product liability not laid down by legislation developed according to Danish legal practice is consequently clearly signed away.
Liability and limitations of liability. 16.1. Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
16.2. The limitations and exclusions of liability set out in this Clause 16 and elsewhere in this Agreement:
(a) are subject to Clause 16.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
16.3. Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
16.4. Neither party shall be liable to the other party in respect of any reputational loss, loss of revenue or income, loss of use or production, loss of business, contracts or opportunities, loss of profits, or anticipated savings.
16.5. Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
16.6. The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed fifty percent (50%) of the total annual fee paid or payable by the Customer to Assa Abloy (either directly or through the Registered partner according to the payment methods in Clause 9., and additionally any reasonable attorney fees incurred as a result of the breach or claim, unless otherwise specified in this Agreement.
16.7. For the avoidance of doubt the parties will be liable under this clause 16, for a breach of this Agreement by their employees, sub-contractors, Registered Partner or others with whom they have shared access to the Platform or where they have otherwise knowingly or unknowingly allowed access to the Platform.
16.8. For the avoidance of doubt, Assa Abloy is not liable to Customer (including employees, sub- contractors, Registered Partner or any third party) for any loss of data caused as a result of interference, faults, bugs, downtime, or similar in the provision of the Services.
Liability and limitations of liability. 36 8.1 Liability............................................... 36 8.2 Definitions............................................. 37 8.3 Determination of the Amount of Damage................... 37 8.4 Limitations of Liability for Breach of Warranties....... 37 8.5
Liability and limitations of liability. 6.1 Notwithstanding anything else expressed or implied in this Agreement, neither the Supplier nor the Customer shall be liable in contract or tort for the other Party’s loss of use, profits, contract, production, or of revenue or for increased cost of working or business interruption or for any other indirect or consequential loss or damage, howsoever caused arising out of or in connection with this Agreement irrespective of whether such loss, increased cost of working or business interruption is caused by the sole or concurrent negligence of the Supplier or the Customer, as the case may be.
6.2 Each Party will indemnify the other Party against damage or injury to property or persons arising out of or in connection with this Agreement to the extent that such damage or injury is directly caused by the default or willful acts or omissions of the other party its servants, agents or contractors, provided that each Party’s total aggregate liability hereunder (except in relation to death or personal injury or illness caused by that Party’s negligence ) shall be limited to the Liability Amount.
6.3 Any limitation or exclusions of liability contained in this Agreement shall survive any termination of this Agreement howsoever arising.
Liability and limitations of liability. 9.1 VTT will be liable for carrying out the Project in accordance with the Contract. VTT will be liable for the work of its subcontractor as it is for its own work.
9.2 The liability of VTT shall in all cases be limited to the price of the Project excluding VAT. VTT shall not be liable for indirect damage or consequential losses. The limitations of liability do not apply to damage caused intentionally or with gross negligence.
9.3 The Parties expressly affirm that they are aware of the technical and other risks relating to research and development work and knowingly accept these uncertainties, and the fact that the results and the goals of the research may not necessarily be achieved, as inherent in the nature of research and development work.
9.4 When granting rights to the Background and/or the Foreground, the Parties undertake to use reasonable endeavours to ensure the accuracy thereof. No warranty, condition or representation of any kind is made, given or to be implied for performance of the Project, Confidential Information, the Background, third party materials, the Foreground, devices, materials or goods, and the recipient shall in all cases be entirely liable for their use. The Client shall be liable for damage and claims related to product liability.
9.5 In case the Client notices a defect in the Foreground or the Project, the Client has to invoke the defect in writing without undue delay from noticing the defect but at the latest within 21 days from the delivery of the Foreground or the performance of the defective part of the Project. In such cases VTT has a primary right to correct or re-perform the defective part.
9.6 VTT’s liability under this Contract and the Client’s right to present claims hereunder shall cease at the latest one (1) year from the termination of the Contract and, with regard to confidentiality, as of the expiration of the confidentiality obligation.
