Liability exclusions and limitations. The liability of a Party (First Party) to the other Party and each of its Associates for any Loss (other than for liabilities referred to under clause 26.3) is limited as follows:
Liability exclusions and limitations. (i) WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF OUR SITE FOR ANY PURPOSE. XXXXXX.XXX™ PCN IS PROVIDED "AS IS" WITHOUT ANY GUARANTEES, CONDITIONS, OR REPRESENTATIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE EXTENT PERMITTED BY LAW, WE AND OTHER MEMBERS OF OUR GROUP OF COMPANIES EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES OR DATA WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY, AVAILABLE, USEABLE, UNINTERRUPTED OR ERROR-FREE. THE INTERNET CANNOT BE GUARANTEED TO BE 100% SECURE, AND WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU PROVIDE TO US. IN NO EVENT SHALL WE, OR ANY OTHER MEMBERS OF OUR GROUP OF COMPANIES, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM USE, LOSS OF USE OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF REPUTATION, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORT (OR DELICT) OR ANY OTHER LEGAL ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, EXCEPT AS OTHERWISE EXPRESSLY SET OUT IN ANY APPLICABLE AND DULY EXECUTED TERMS AND CONDITIONS BETWEEN US AND OUR CUSTOMERS GOVERNING THE USE OF XXXXXX.XXX™ PCN. THIS LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUS THAT MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (FOR EXAMPLE, YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS OR OPERATOR ERRORS. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Liability exclusions and limitations. 7.1. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, SALES, DATA, DATA USE, GOODWILL, OR REPUTATION, WHETHER OR NOT THEY ARE FORESEEABLE.
Liability exclusions and limitations. IN NO EVENT SHALL LANTERN OR ANY SUPPLIER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOSS OF USE OR INTERRUPTION OF BUSINESS), OR FOR LEGAL FEES, ARISING OUT OF THE USE OF THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF LANTERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LANTERN’S AGGREGATE
Liability exclusions and limitations. TO THE EXTENT ALLOWED BY APPLICABLE LAWS, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THIS SUBJECT AGREEMENT OR YOUR RELATIONSHIP WITH US. IN NO EVENT WILL OUR CUMULATIVE LIABILITY UNDER THIS SUBJECT AGREEMENT FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WILL EXCEED THE SUM OF $500. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Liability exclusions and limitations. (a) EXCEPT FOR THE EXPRESS AND PERSONAL REPRESENTATIONS AND WARRANTIES IN SECTION 8 ABOVE, NEITHER GORDIAN NOR LANTRONIX MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, TO THE OTHER PARTY OR ITS AFFILIATES OR THIRD PARTIES (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OF TITLE OR AGAINST INFRINGEMENTS).
Liability exclusions and limitations. (a) Subject to the exclusions and limitations set forth in this Article 10 or any other Article of this Agreement and subject to the applicable law, each Party shall be liable to the other for damage caused by breach of contract, tort, negligence, breach of statutory duty or otherwise pursuant to such Party’s performance under this Agreement.
Liability exclusions and limitations. IN NO EVENT SHALL LANTERN OR ANY SUPPLIER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOSS OF USE OR INTERRUPTION OF BUSINESS), OR FOR LEGAL FEES, ARISING OUT OF THE USE OF THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF LANTERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LANTERN’S AGGREGATE LIABILITY HEREUNDER EXCEED THE LICENSE FEE PAID BY LICENSEE. This limitation shall apply notwithstanding any failure or inability to provide the limited remedies set forth above. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation(s) or exclusion(s) may not apply to Licensee.
Liability exclusions and limitations. In no event will Buyer be liable for any indirect, exemplary, incidental, special, punitive, or consequential damages arising out of this Agreement, even if Buyer has been advised of the possibility or likelihood thereof. Buyer’s total liability to Seller under any theory shall not exceed the amount actually paid by Buyer to Seller for the applicable Goods or Services. Any limitation or exclusions of liability under the Agreement in favor of Seller shall not apply in the event of personal injury, death, property damage, breach of confidentiality, or patent or copyright infringement. No liability limitation shall preclude Buyer from obtaining a full refund of any amounts spent under the Agreement. In no event will Buyer be required to indemnify, defend, or hold Seller harmless, nor will Buyer be responsible for any liability of Seller for any reason. Nothing in this Agreement shall be construed as a waiver or modification of Buyer’s sovereign immunity.
Liability exclusions and limitations. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, limit our liabilities, the extent of liability of Vail Resorts or the Vail Resorts Parties will be the minimum permitted under such applicable law. We disclaim any warranties to the maximum extent permitted under applicable law.
