LIMITATION AND EXCLUSION OF LIABILITY. 1. 6. 1. Traction Software Limited does not exclude its liability (if any) to you:
1. 6. 1. 1. for personal injury or death resulting from Traction Software Limited’s negligence;
2. 6. 1. 2. for any matter for which it would be illegal for Traction Software Limited to exclude or to attempt to exclude its liability; or
3. 6. 1. 3. for fraud.
2. 6. 2. Traction Software Limited makes no express warranties with respect to the Software and Traction Software Limited hereby excludes (to the fullest extent permissible in law), all conditions, warranties (including without limitation any warranty that the Software will meet your requirements or that its operation will be uninterrupted or error free) and stipulations, express (other than those set out in this License) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of you. Except as set out in this License you assume the entire risk as to the quality and performance of the Software.
3. 6. 3. Subject to clause 6. 1 Traction Software Limited will be under no liability to you whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of data, loss of savings, depletion of goodwill and like loss) howsoever caused arising out of or in connection with:
1. 6. 3. 1. the Software, or the manufacture or sale or supply, or failure or delay in supply, of the Software by Traction Software Limited or on the part of Traction Software Limited’s employees, agents or sub-contractors;
2. 6. 3. 2. any breach by Traction Software Limited of any of the express or implied terms of this License;
3. 6. 3. 3. any use made of the Software; or
4. 6. 3. 4. any statement made or not made, or advice given or not given, by or on behalf of Traction Software Limited.
4. 6. 4. Subject to clause 6. 1 and without prejudice to clauses 6. 2 and 6. 3 , Traction Software Limited’s aggregate liability under this License(whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or consequential loss (all three of which terms include without limitation of profits, loss of business, depletion of goodwill and like loss) howsoever caused (other than for death or personal injury cau...
LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT, STRICT LIABILITY OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES).
11.2 IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS, LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
11.3 NOTHING IN THIS SECTION 11 SHALL BE DEEMED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.
LIMITATION AND EXCLUSION OF LIABILITY. To the extent permitted by law:
(a) if You claim non-compliance with a consumer guarantee applicable to goods or services supplied to You in connection with the Event, Our liability and that of the Host is limited, in the case of:
(i) goods, to the replacement of the goods or the cost of having the goods replaced or repaired; and
(ii) services, to the resupply of the services or the cost of having the services resupplied; and
(b) in all other cases, Our liability and that of the Host for any cause of action, including but not limited to breach of contract, negligence or other breach of duty, is limited to the sum of the monies actually paid by You in connection with Your registration for the Event and neither We nor the Host will be liable for loss of profit, loss or revenue, lost cost savings, loss of opportunity, loss of enjoyment or indirect or consequential loss of any kind.
LIMITATION AND EXCLUSION OF LIABILITY. 6.1 Nothing in this Agreement shall limit or exclude either party’s liability for: (a) personal injury or death resulting from negligence; (b) fraud; or (c) any other matter for which liability cannot be excluded by law.
6.2 Subject to clause 6.1 and other than as provided in clause 10.10.2(ii), neither party shall be liable to the other party for any indirect, special or consequential loss or damage whatsoever arising under or in relation to this Agreement (whether in contract, tort (including negligence), or otherwise). We shall not be liable to You for any of the following types of loss or damage arising under or in relation to this Agreement: (a) any loss of profits, business, contracts, anticipated savings, goodwill, or revenue; or (b) any loss, or corruption, of software or data; or (c) any loss of use of hardware, software or data.
6.3 Subject to clauses 6.1 and 6.2, Our aggregate liability under and in connection with this Agreement howsoever caused shall be limited in all cases to the aggregate sum of the License Fees paid in the 12 months prior to the event giving rise to the liability. In relation to the Core Edition Software, Preview Software and Freeware, Our sole liability under this Agreement, subject to clause 6.1 shall be limited to ten pounds (GBP10).
6.4 The provisions of this clause allocate risks under this Agreement between You and Us, and the Fees reflect this allocation of risks and these limitations of liability.
LIMITATION AND EXCLUSION OF LIABILITY a. Nothing in these Terms of Sale limits or excludes the liability of:
i. Either party to the other for:
1. bodily injury or death resulting directly from the negligence of the other party;
2. fraud or fraudulent misrepresentation;
3. a breach of Section 9 (Confidentiality); or
LIMITATION AND EXCLUSION OF LIABILITY a. This Paragraph 9 of these Terms and Conditions prevails over all of this Agreement and sets out the entire Liability (as defined in Paragraph 9.g below) of Taboola, and the sole and exclusive remedies of Publisher, in respect of: (i) performance, non- performance, purported performance, delay in performance, or mis-performance of this Agreement, the Service, or of any services in connection with this Agreement; or (ii) otherwise in relation to this Agreement or entering into this Agreement.
b. Neither Party shall exclude or limit its Liability for: (i) its fraud; or
LIMITATION AND EXCLUSION OF LIABILITY. 9.1 We do not exclude our liability (if any) to you:
9.1.1 for personal injury or death resulting from our negligence;
9.1.2 for fraud; or
9.1.3 for any other matter for which liability cannot be excluded by law.
9.2 Subject to clause 9.1, we shall not be liable to you for any of the following types of loss or damage arising under or in relation to this Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise):
9.2.1 any loss of profits, business, contracts, anticipated savings, goodwill, or revenue; or
9.2.2 any loss, or corruption, of software or data; or
9.2.3 any loss of use of hardware, software or data; or
9.2.4 any indirect, special or consequential loss or damage whatsoever, even if we have been advised in advance of the possibility of such loss or damage.
9.3 Subject to clauses 9.1 and 9.2, our aggregate liability under this Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) shall be limited in all cases to the price paid for the Licensed Software. In relation to the Free Edition Software, Core Edition Software, Preview Software and Freeware, our sole liability under this Agreement, subject to clause 9.1, shall be as set out in clause 13.2 as amended by clause 5.8.
9.4 You acknowledge that the provisions of clauses 8, 9 and 13.1 are reasonable and reflected in the price which would be higher without those provisions, and you will accept such risk. In the event that any of the limitations or exemptions in this Agreement shall be found to be void, clauses 8, 9 and 13.1 shall be construed in accordance with clause 16.
LIMITATION AND EXCLUSION OF LIABILITY a) This clause sets out and limits the legal liability of the University or its officers, employees, agents or subcontractors (including UPP) to me. The University is responsible to me for foreseeable loss and damage caused by it failing to carry out its obligations under this Contract to a reasonable standard or breaching any relevant duties that are owed to me by law, unless that loss is attributable to my own fault or the fault of a third party.
b) Nothing in this clause limits liability arising from:
i) Death or personal injury caused by the negligence of the University or its officers, employees, agents or subcontractors; or
ii) Fraud or fraudulent misrepresentation.
c) The University and its officers, employees, agents and subcontractors shall not be liable and expressly exclude liability to the fullest extent allowed by law for:
i) Damage to, theft and/or loss of property (including but not limited to personal belongings, IT equipment, bicycles, vehicles or art work) unless caused by the negligence of the University or its officers, employees, agents or subcontractors;
ii) Loss attributable to a breach of any procedural requirement detailed in this Contract or any other policy, procedure or regulation, if such loss would have arisen had the procedural requirement been met;
iii) Death or personal injury that is not caused by the negligence of the University or its officers, employees, agents or subcontractor;
iv) Changes to the law that require a change of this Contract; and
v) Indirect or consequential loss, loss of opportunity and loss of income or profit, however arising.
vi) Any liability of the University and/or of UPP in contract, tort, breach of statutory duty, misrepresentation or any other liability, however arising, is limited to the greater of the value of the total Rent for the Period of Residency or the amount, if any, that the University or UPP receives from its insurers in respect of that particular loss.
d) Further, the University will not be in breach of this agreement or liable to me for loss arising from delay in performing or failing to perform its obligations under this agreement if such delay or failure results from matters outside the University’s or XXX’s control which could not have been foreseen or prevented even if the University or UPP had taken reasonable care. Matters outside the University’s and XXX’s control include but are not limited to strikes and industrial action, staff illness, severe weather, natural disaster, e...
LIMITATION AND EXCLUSION OF LIABILITY. 19.1 Neither ZUNDIAO nor its Affiliates shall be liable for any delay or failure to perform obligations and any losses, damages or costs resulting such delay or failure to perform obligations, unless such is directly caused by ZUNDIAO’s or its Affiliate's negligence or willful default.
19.2 ZUNDIAO and its Affiliates shall not be held responsible for any undesirable consequences resulting whether directly or indirectly from any acts, events or circumstances not reasonably within our control, including but not limited to industrial disputes, government restrictions, acts or regulations of any government or supranational bodies, authorities or regulatory bodies imposition of emergency procedures, exchange ruling, third party conduct, suspension of trading, war, strike, market conditions, civil disorder, acts or threatened acts of terrorism, natural disasters, pandemics, or other viral outbreaks (including but not limited to COVID-19), breakdown failure or malfunction of any telecommunications or computer services, or transportation delays or the failure of any relevant exchange, clearing house, broker and/or any third party for any reason to perform or discharge its obligations or any other circumstances beyond ZUNDIAO’s control whatsoever, including any errors, deficiencies or electronic data problems, computations, output, operations and other functions of any equipment and related software of ZUNDIAO and/or its agents, suppliers, vendors, or counterparts.
19.3 The Client agrees and accepts that it has not entered into this Client Agreement in reliance upon any representations, warranties or undertakings made or given by ZUNDIAO or any of its Affiliates.
19.4 ZUNDIAO is not liable in any manner whatsoever for the settlement and clearing of any orders executed by XXXXXXX.
19.5 The Client shall fully indemnify and keep fully indemnified ZUNDIAO and its Affiliates from and against (i) all and any costs, expenses, liabilities and losses whatsoever and howsoever arising (whether directly or indirectly) which ZUNDIAO may incur or suffer as a result of providing the ZUNDIAO Services to the Client; and (ii) all and any claims whatsoever and howsoever arising (whether directly or indirectly) which may be made against ZUNDIAO in the performance of the ZUNDIAO services, other than any costs, expenses, liabilities or losses that result primarily from ZUNDIAO’s gross negligence, bad faith, wilful default or fraud.
LIMITATION AND EXCLUSION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE OR CONTENT) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE OR OTHER TORT THEORY OF LIABILITY) EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER PARTY, FOR ANY DAMAGES UNDER THIS AGREEMENT AND THE DISPLAY AD AGREEMENT (CUMULATIVELY), INCLUDING SECTION 10 OF THIS AGREEMENT, WILL BE LIMITED TO $1,000,000. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 12 WILL NOT APPLY TO A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS.
