Licensee’s Liability. Optimo SARL In the event of an use of the Font Software or of the Licensed Fonts without a valid or adequate License, the infringer shall pay to Optimo a retroactive license for the illegitimate use. The price of the retroactive license shall be calculated based on the applicable license purchase price, plus an additional surcharge of at least 200%. +00 (0)00 000 00 00 +00 (0)00 000 00 00 Without prejudice of the foregoing, Optimo reserves its right to claim for any damages, loss and costs (including attorneys’s fees and expenses) that Optimo may incur or suffer in relation to any breach of this Agreement and to exercise any other rights and remedies, in particular appropriation of profits.
Licensee’s Liability. Optimo SARL In the event of a use of the Font Software or of the Licensed Fonts without a valid or adequate License, the infringer shall pay to Optimo a retroactive license for the illegitimate use. The price of the retroactive license shall be calculated based on the applicable license purchase price, plus an additional surcharge of at least 200%. +00 (0)00 000 00 00 +00 (0)00 000 00 00 Without prejudice of the foregoing, Optimo reserves its right to claim for any dam- ages, loss and costs (including attorneys’s fees and expenses) that Optimo may incur or suffer in relation to any breach of this Agreement and to exercise any other rights and remedies, in particular appropriation of profits. xxxx@xxxxxx.xx xxxxxx.xx T F In the event that any part of the Font Software or Licensed Fonts are held in any suit or proceeding or in Optimo’s opinion is likely to constitute infringement of intellectual property rights of any third party, Optimo may at its sole discretion and expense (i) terminate this Agreement and provide you with a refund of any amount paid for such Font Software during the Term, (ii) obtain for you the right to continue using such Font Software, or (iii) modify or replace the Font Software with non-infringing items, while providing substantially similar functionality. Optimo’s warranty is strictly limited to the replacement of the Font Software in case it does not perform substantially in accordance with the installation informa- tion. To submit a claim, you must notify Optimo in writing within fifteen (15) days of purchase. All other rights and remedies are excluded. Rte des Acacias 43 CH–1227 Genève Except as stated in this Agreement, Optimo does not make any other representa- tion or warranty, express or implied, pertaining to the subject matter of this Agreement, merchantability, fitness of the Font Software or the Licensed Fonts for any particular purpose or result you may have intended to obtain by using the Font Software or the use of Optimo’s Website. Optimo is not responsible and has no obligation to assist you for any installation or utilization problem of the Font Software and the Licensed Fonts on any Licensed Units, computer, software, document, Website or any other platform, or medium, past, present and future, for any IT testing, installation and support and for any metrics or kerning issues. XXXX version 20230703.01 Optimo is not responsible and has no obligation to upgrade the Font Software or the Licensed Fonts or to replace th...
Licensee’s Liability. XXXX version 20161021.01 In the event of an use of the Font Software or of the Licensed Fonts without a valid or adequate License, the infringer shall pay to Optimo a retroactive license for the illegitimate use. The price of the retroactive license shall be calculated based on the applicable license purchase price, plus an additional surcharge of at least 200%. Without prejudice of the foregoing, Optimo reserves its right to claim for any damages, loss and costs (including attorneys’s fees and expenses) that Optimo may incur or suffer in relation to any breach of this Agreement and to exercise any other rights and remedies, in particular appropriation of profits.
Licensee’s Liability. Licensee shall be liable for any act or omission by an Authorised User (or where Licensee is contracting on behalf of a consortia, a Consortia Member) which, had such act or omission been by Licensee, would be a breach of the terms of this Agreement.
Licensee’s Liability. 49. The licensee shall access and use the database at its own risk and under its responsibility, in accordance with the legislation in force and this agreement.
Licensee’s Liability. As a material part of the consideration to Licensor, Licensee agrees to assume all risk of damage to and loss or theft of any of Licensee’s property it may physically bring to the Property, damage by Licensee to Licensor’s property that is not contemplated in Section 2 above, and injury or death to persons that may be related to Licensee’s use or occupancy of the Property, and Licensee waives all claims against Licensor. Licensee further agrees to indemnify and hold harmless Circle K Stores Inc. against all claims, suits, liabilities, costs, damages and expenses (including reasonable attorney’s fees) arising out of or in connection with (i) Licensee’s use or occupancy of the Property, or any activity or thing done, performed or suffered by Licensee, its agents, employees, licensees, invitees or persons attending or participating in Licensee’s activities in or about the Property; or (ii) any loss, injury, death or damage to persons or the personal property on or about the Property by reason of any act, omission or negligence of Licensee, or any of its agents, contractors, employees, licensees, or invitees; or (iii) any beach or default in the performance of any obligation on Licensee’s part to be performed under the terms of this License. Licensee’s indemnity obligations will not extend to any liability to the extent caused by the negligence of Licensor or its agents or employees.
Licensee’s Liability. 89.1 The Licensee shall be liable at law for death, damage or loss to the body or property of any person, directly or indirectly resulting from or consequent on the use of the license.
Licensee’s Liability. Licensee shall be responsible for the following items.
Licensee’s Liability. Licensee is and hereby agrees to be fully responsible and liable for any and all injuries (and death) suffered by persons, and for any and all damage to BC's property and any theft or loss of BC's furnishings and equipment, resulting from or occurring during Licensee's use of the Facilities, and not caused by BC or so-called "acts of God." Licensee shall indemnify and hold harmless BC and its officers, agents, employees, and members of its governing boards from and against any and all liability, action, claim, demand, loss, expense, or damage (including reasonable attorneys' fees) caused by or arising out of any act, omission, publication, or representation of Licensee, its officers, directors, agents, employees or volunteers in connection with the Program. In addition, Licensee shall indemnify, hold harmless and defend BC from and against any claim arising in whole or in part from any fact or circumstances causing Licensee’s certification contained in Section 20 below to be false.
Licensee’s Liability
