LIMITATION OF LIABILITY 7. ОГРАНИЧЕНИЕ ОТВЕТСТВЕННОСТИ
LIMITATION OF LIABILITY 7. 1 IN NO EVENT SHALL EITHER PARTY, OR ITS SUPPLIERS, BE LIABLE TO THE OTHER PARTY, OR TO ANY THIRD PARTY, FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL OR INCDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN if THE PARTY OTHERWISE LIABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY 7. 2.1 The total liability of Seller, on all claims of any kind which arise in any calendar year, except for the exceptions listed in (a) through (d) below, whether such claims are in contract, warranty, indemnity, tort (including negligence), strict liability, or otherwise, arising out of the performance or breach of this Contract, the use of any Parts or the provision of any Services, shall not exceed the larger of (I) the aggregate amount due to Seller under this Contract in that calendar year or (ii) $3,500,000. The only exceptions to the above limit of liability are listed in the following paragraphs (a) through (d):
LIMITATION OF LIABILITY 7. Article 9 Release from Liability in the Event of Misuse of the Systems 7 Article 10 Duration of Contract 7 Article 11 Consequences of End of Agreement and Return 8 Article 12 Data Protection 8 Article 13 Final Provisions 8 System Specification: PXN access request for INDEPENDENT WORKSHOP 12 Preamble 0.1 Dr. Ing. x.x. X. PORSCHE AG (PORSCHE) is a leading manufacturer of sports cars. PORSCHE IMPORTER is the sole authorized importer and distributor of Porsche vehicles in the United States. The distribution and service of Porsche cars, in particular their maintenance and repair, is warranted by a network of authorized Porsche dealers and Porsche Centres. Additionally service and repair work may be done on Porsche vehicles by INDEPENDENT WORKSHOPS.
LIMITATION OF LIABILITY 7. OMEZENÍ ODPOVĚDNOSTI
LIMITATION OF LIABILITY 7. 1 EMS' total liability to the End User/Customer arising out of or in connection with the End User/Customer's use of a product or the results of the service provided by EMS in connection with the product shall not exceed the total amount paid by the End User/Customer to EMS for the product. EMS shall not be liable in any event for any indirect or consequential loss, costs or damages or for any economic loss, including but not limited to loss of revenue or profit incurred by the End User/Customer as a result of or in connection with the product. These limitations apply regardless of how EMS' liability arises including but not limited to EMS' negligence or breach of contract even if a fundamental breach or breach of a fundamental term. 7.2 The End User/Customer acknowledges and agrees that EMS shall not be liable for the activation or continuation of Satellite Telephone Services. 7.3 The End User/Customer acknowledges and agrees that the airtime Service Provider is not responsible for the product and is not liable to the End User/Customer in any manner as a result of or arising from the End User/Customer's use of the product or the installation thereof. 7.4 If applicable, the End User/Customer further acknowledges and agrees that EMS shall not be liable for any unauthorized deviations to the Certification Package provided by EMS Technologies Canada, Ltd.. 7.5 This Product is designed to broadcast on a continuous basis, including times when vehicle power is shut down, unless differently configured by the End User/Customer. Neither this Product nor the vehicle on which it is mounted may enter blasting zones, nor be brought within 50 feet of electric blasting caps, except when completely powered down according to procedures established by End User/Customer. EMS disclaims any and all responsibility for, and End User/Customer assumes all risk and liability for, any damages caused by failure to comply with the foregoing restrictions. End User/Customer also assumes all responsibility for power configurations used for this Product and for any procedures established to power down the Product. End User/Customer agrees to mount appropriate stickers, as supplied or approved by EMS, on the Product and in vehicles on which it is mounted to inform drivers and other users of the restrictions that must be followed for this Product in the configuration used for the particular vehicle installation.
LIMITATION OF LIABILITY 7. 1. Company shall in no event or circumstance be liable for any loss of profit, loss of production, loss of use, loss of revenue, loss of savings, loss of or excessive utilization of raw materials, energy or labour, cost of capital, downtime or plant shut-downs, claims raised by Customer’s customers, nor any indirect, consequential, special or punitive cost, loss or damage, arising out of or in relation to the Contract whether in an action for breach of the Contract or warranty, termination, tort (including negligence), indemnity or strict liability, or otherwise. 7.2. Except for liability for personal injury and death to the extent caused by Company, Company’s maximum monetary liability under the Contract, whether based on the contract, tort, indemnity, statute, breach of warranty or any other legal or equitable ground, shall not exceed an amount equal to 10 per cent of the Contract
LIMITATION OF LIABILITY 7. 책임의 한계 7.1. IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF REVENUE, PROFITS (EXCLUDING FEES UNDER THIS AGREEMENT), SALES, DATA, DATA USE GOODWILL OR REPUTATION. 7.1. 어떤 경우에도 일방 당사자 또는 그 계열사는 간접적, 결과적, 우발적, 특수적, 징벌적 손해, 신뢰 이익 (본 합의서에 따른 요금은 제외됨)의 상실, 매출, 데이터, 선의의 데이터 사용, 명성에 대해 책임지지 않습니다.
LIMITATION OF LIABILITY 7. 1 Without prejudice to cases of Seller's wilful misconduct and gross negligence, pursuant to art.1229 of the Civil Code, the Seller's liability, in compliance with the law, is limited to the substitution or repair of the goods and/or services and in any case at the price of the defective goods supplied and/or services rendered. 7.2 Under no circumstance may the Seller be held liable by the Buyer for indirect, accidental, consequential or punitive damages, such as, by way of example but not of limitation, loss of profit, loss of contract, loss of production, machine downtime, payment of penalties to third parties, regardless of the contractual or extra-contractual nature of these claims. 7.3 The buyer declares to hold harmless the Seller, administrators and employees, for whatever loss, damage, costs and/or expense (including legal expenses) deriving from claims which may be made by third parties regarding goods and/or services supplied by the Seller to the Buyer, regardless of the contractual or extra-contractual nature of said claims. 8.
LIMITATION OF LIABILITY 7. 1 You acknowledge that the Licensed Software may have defects or deficiencies that cannot or will not be corrected by Sun. You will hold Sun and its licensors harmless from any claims based on your use of the Licensed Software for any purposes, and from any claims that later versions or releases of any Licensed Software furnished to you are incompatible with the Licensed Software provided to you under this Agreement.
