LIMITATION OF LIABILITY AND EXCLUSIONS. This Plan does not cover the following:
a) Products owned by a Subscriber with a billing address or service address outside any state or territory of the United States or the District of Columbia.
b) Any and all pre-existing conditions or defects that exist before the effective date of this Plan;
c) Products with altered or removed serial numbers;
d) Products used for rental purposes;
e) Any failure resulting from any cause other than normal use and operation of the Covered Device in accordance with the manufacturer’s specifications and owner’s manual, including, without limitation, damages or injury caused in whole or in part by acts of God, theft, loss, neglect, abuse, intentional misuse, negligence, mishandling, misuse, vandalism, insects, vermin, wild animals, power failure, power surge, power reduction, software viruses or exposure to weather conditions, including exposure to extreme changes in temperature or humidity;
f) Damage that is cosmetic in nature, including but not limited to scratches, tears, dents and broken plastic on parts when the damage does not otherwise affect or impede its functionality or materially impair Your use of the Covered Device/Enrolled Device/Protected Device; g) Preventative maintenance;
h) Batteries, chargers and car kits;
i) Data lost, corrupted, damaged or otherwise unusable;
j) Claims due to diminished battery life not covered as a Malfunction;
k) Accessories that are non-essential to the functioning of the product;
l) Software including, but not limited to, personalized data or customized software, such as personal information managers (PIMs), ring tones, games or screen savers;
m) Any alteration, adjustment modification, installation, disassembling, repair, servicing or maintenance performed on or to the Covered Device by any person other than Likewize, or their respective authorized representatives;
n) Claimed obsolescence of the Covered Device including technological obsolescence; or
o) The Subscriber’s failure to use reasonable means to protect the Covered Device/Enrolled Device/Protected Device from further damage after a failure occurs.
p) Products that are not purchased from Seller or its authorized dealers, unless activated on the Dish Wireless, LLC network. UNDER NO CIRCUMSTANCES SHALL LIKEWIZE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, WHETHER ARISING DIRECTLY OR INDIRECTLY FROM THE FAILURE OF THE COVERED DEVICEDELAYS IN REPLACEMENT OF THE WIRELESS DEVICE O...
LIMITATION OF LIABILITY AND EXCLUSIONS. 11.1. Under no circumstances shall the Managed Service Provider or the Licensor be liable to the End User or any other entity or person for –
11.1.1. an amount of damages, in aggregate, in excess of (a) the Fees paid by the End User to the Managed Service Provider during the 12 (twelve) month period immediately preceding the date on which the claim was made;
11.1.2. loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction;
11.1.3. loss of the use or performance of hardware or products;
11.1.4. claims or damages arising from damage to data; or
11.1.5. special or incidental, consequential or indirect damages or exemplary or punitive damages.
11.2. It is expressly understood and agreed that each and every provision of this Agreement which provides for a limitation of liability, disclaimer, warranties or exclusion of damages is intended by the Parties to be severable and independent of any other provision and shall be enforced as such. This clause 11 shall apply even if an exclusive remedy of the End User under the Agreement has failed its essential purpose.
11.3. The limitations and exclusions set out in clause 11.1 shall not apply to (i) wilful misconduct, fraud, personal injury or death caused by negligence; (ii) unauthorized use or disclosure of Confidential Information; (iii) any other liability which cannot be excluded or limited by applicable law.
LIMITATION OF LIABILITY AND EXCLUSIONS eSecuritel’s liability hereunder shall be limited to the cost of two (2) repairs and device replacements within any twelve (12) month period of time and in no event shall the cost of such replacement equipment for the Wireless Device exceed the Maximum Benefit of This Agreement does not cover the following:
a) Products owned by a subscriber with a billing address or service address outside any state or territory of the United States, the District of Columbia, or Canada;
b) Any and all pre-existing conditions or defects that exist before the effective date of this Agreement;
c) Products with altered or removed serial numbers;
d) Products used for rental purposes;
e) Any failure resulting from any cause other than normal use and operation of the Wireless Device in accordance with the manufacturer’s specifications and owner’s manual, including, without limitation, damages or injury caused in whole or in part by acts of God, theft, loss, neglect, abuse, intentional misuse, negligence, mishandling, misuse, vandalism, insects, vermin, wild animals, power failure, power surge, power reduction, software viruses or exposure to weather conditions, including exposure to extreme changes in temperature or humidity;
f) Cosmetic damage or other damage that does not affect functionality of the Wireless Device, including, without limitation, changes in color, texture, finish, extraction, or contraction of, scratches to, abrasions to, chipping of, cracking of or impact damage to the Wireless Device;.
g) Preventative maintenance;
h) Batteries, chargers and car kits;
i) Data lost, corrupted, damaged or otherwise unusable;
j) Claim due to diminished battery life;
k) Accessories that are non-essential to the functioning of the product;
l) Software including, but not limited to, personalized data or customized software, such as personal information managers (PIMs), ring tones, games or screen savers;
m) Any alteration, adjustment, modification, installation, disassembling, repair, servicing or maintenance performed on or to the Wireless Device by any person other than eSecuritel, Seller (as defined in the eSecuritel Service Warranty Program Wireless Device Service Contract/Extended Limited Warranty), or their respective authorized representatives;
n) Claimed obsolescence of the Wireless Device including technological obsolescence; or
o) The Subscriber’s failure to use reasonable means to protect the Wireless Device from further damage after a failure occurs.
p) Wireless communic...
LIMITATION OF LIABILITY AND EXCLUSIONS. (a) Except as provided in Section 18.1(c) below, each Party’s total liability to the other Party arising out of, resulting from, or in connection with this Agreement, whether in contract or in tort (including for breach of warranty, negligence and strict liability in tort), will be limited to an amount equal to the total charges paid or payable to BancTec pursuant to this Agreement for proper performance of the Services for the 12 months prior to the month in which the most recent event giving rise to liability occurred. If the most recent event giving rise to liability occurs during the first 12 months after the Effective Date, liability will be limited to an amount equal to 12 times the result obtained by dividing the total charges paid or payable under this Agreement from the Effective Date through the date on which such event occurred by the number of months from the Effective Date through such date (based on a 30-day month). Service Level Credits will not be considered damages subject to the foregoing liability cap and will not count against or reduce the amounts available under it.
(b) Except as provided in Section 18.1(c) below, neither Party be liable to the other for any lost profits, loss of business or revenue, or other consequential, special, incidental, or indirect damages, even if it has been advised of the possibility of such damages.
(c) The limitations and exclusions of liability set forth in Sections 18.1(a) and 18.1(b) will not apply with respect to any of the following: (i) damages attributable to the intentional torts, criminal conduct or gross negligence of a Party; (ii) Claims that are the subject of indemnification pursuant to Section 17; (iii) damages attributable to a Party’s breach of its obligations with respect to Confidential Information of the other Party; (iv) a Party’s intentional misappropriation or intentional infringement of the other Party’s intellectual property rights; (v) damages clamed by a Party to the extent covered by insurance for which the other Party is obligated to maintain under the Agreement; or (vi) damages attributable to BancTec’s wrongful cessation or abandonment of the Services or refusal to provide Disengagement Assistance substantially in accordance with this Agreement.
LIMITATION OF LIABILITY AND EXCLUSIONS. 6.1. Under no circumstances shall the Service Provider be liable to the End User or any other entity or person for –
6.1.1. an amount of damages, in aggregate, in excess of (a) the Fees paid by the End User to the Service Provider during the 12 (twelve) month period immediately preceding the date on which the claim was made;
6.1.2. loss of goodwill or business profits, contracts, revenue, anticipated savings, reputation work stoppage, data loss, computer failure or malfunction;
6.1.3. claims or damages arising from damage to or loss of data;
6.1.4. charges levied by third parties, payments made to third parties, costs of recovering debt, administrative costs, or
6.1.5. special or incidental, consequential or indirect damages or exemplary or punitive damages.
6.2. It is expressly understood and agreed that each and every provision of this Agreement which provides for a limitation of liability, disclaimer, warranties or exclusion of damages is intended by the Parties to be severable and independent of any other provision and shall be enforced as such.
6.3. The limitations and exclusions set out in clause 6.1 shall not apply to (i) wilful misconduct, fraud, personal injury or death caused by negligence; (ii) unauthorized use or disclosure of Confidential Information; (iii) any other liability which cannot be excluded or limited by applicable law.
LIMITATION OF LIABILITY AND EXCLUSIONS. (a) Except as provided in Section 18.1(c) below, each Party’s total liability to the other Party arising out of, resulting from, or in connection with this Agreement, whether in contract or in tort (including for breach of warranty, negligence and strict liability in tort), will be limited to an amount equal to the *** paid or payable to BancTec pursuant to this Agreement for proper performance of the Services for the *** prior to the month in which the most recent event giving rise to liability occurred. If the most recent event giving rise to liability occurs during the first *** after the Effective Date, liability will be limited to an amount equal to *** the result obtained by dividing the total charges paid or payable under this Agreement from the Effective Date through the date on which such event occurred by the number of months from the Effective Date through such date (based on a *** month). *** will not be ***.
(b) Except as provided in Section 18.1(c) below, neither Party be liable to the other for any lost profits, loss of business or revenue, or other consequential, special, incidental, or indirect damages, even if it has been advised of the possibility of such damages. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
(c) The limitations and exclusions of liability set forth in Sections 18.1(a) and 18.1(b) will not apply with respect to any of the following: ***.
LIMITATION OF LIABILITY AND EXCLUSIONS. (a) The following statement may apply to You depending on Your circumstances: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure
(b) All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms of Trade or their subject matter, not contained in these Terms of Trade, are excluded from these Terms of Trade to the maximum extent permitted by law.
(c) Nothing in these Terms of Trade excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
(d) If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms of Trade under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non- Excludable Provision”), and ParaQuad NSW is able to limit Your remedy for a breach of the Non-Excludable Provision, then the liability of ParaQuad NSW for breach of the Non-Excludable Provision is limited to one or more of the following at ParaQuad NSW’s option:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(e) Subject to ParaQuad NSW’s obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, and excluding liability for personal injury, the maximum aggregate liability of ParaQuad NSW for all claims relating to each Purchase Order and Invoice (or the Goods and Services supplied under them), or otherwise in connection with these Terms of Trade or its subject matter, is limited to an amount equal to the amount paid by You under these Terms of Trade in respect of the applicable Purchase Order and...
LIMITATION OF LIABILITY AND EXCLUSIONS. 9.1 Save as provided by statute and to the fullest extent permitted by law, the following provisions set out the entire liability of Betfair (including any liability for the acts and omissions of its employees, agents and sub-contractors) to the User whether in contract, tort, statute, equity or otherwise:
(a) The User acknowledges and agrees that (except as expressly provided in this Agreement) the Betfair API is provided "AS IS" without warranties of any kind (whether express or implied);
(b) All conditions, warranties, terms and undertakings (whether express or implied, statutory or otherwise relating to the delivery, performance, quality, uninterrupted use, fitness for purpose, occurrence or reliability of the Betfair API are hereby excluded to the fullest extent permitted by law;
(c) The entire liability of Betfair in respect of any breach or default shall be limited to £1,000; and
(d) Betfair shall not be liable to the User for loss of profit (whether direct or indirect), loss of contracts or goodwill, lost advertising, loss of data or any type of special, indirect, consequential or economic loss (including loss or damage suffered by the User as a result of an action brought by a third party) even if such loss was reasonably foreseeable or Betfair had been advised of the possibility of the User incurring such loss.
9.2 No exclusion or limitation set out in this Agreement shall apply in the case of:
(a) fraud or fraudulent concealment;
(b) death or personal injury resulting from the negligence of either party or any of its employees, agents or sub-contractors; and/or
(c) any breach of the obligations implied by (as appropriate) section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982 or section 8 of the Supply of Goods (Implied Terms) Act 1973.
9.3 The time limit within which the User must institute suit against Betfair to recover on any claim shall be 2 years from the date the User should reasonably have become aware or becomes aware of the relevant breach that would form the subject of the claim.
9.4 This clause 9 shall survive the termination of this Agreement for whatever reason.
LIMITATION OF LIABILITY AND EXCLUSIONS a. Under no circumstances shall 8IT or the licensor be liable to Customer or any other entity or person for:
i. an amount of damages, in aggregate, in excess of (a) the Fees paid by the Customer to 8IT during the 3 (three) month period immediately preceding the first day on which the claim was based on;
ii. loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction;
iii. loss of the use or performance of hardware or products;
iv. claims or damages arising from inherently dangerous use of the software or technology;
v. claims or damages arising from damage to data;
vi. special or incidental, consequential or indirect damages or exemplary or punitive damages;
vii. loss of reputation or damages to brand; or
viii. loss of revenues, forecasted business or other monetary losses realized or unrealized.
b. Customer understands that all services are provided on a best-effort basis without any guarantee whatsoever. It is expressly understood and agreed that each and every provision of this Agreement which provides for a limitation of liability, disclaimer, warranties or exclusion of damages is intended by the Parties to be severable and independent of any other provision and shall be enforced as such. Clause 7 shall apply even if an exclusive remedy of the Customer under the Agreement has failed its essential purpose.
c. The limitations and exclusions set out in clause 7 shall not apply to (i) wilful misconduct, fraud, personal injury or death caused by negligence; (ii) unauthorized use or disclosure of Confidential Information; (iii) any other liability which cannot be excluded or limited by applicable law.
LIMITATION OF LIABILITY AND EXCLUSIONS. (a) Neither Party shall be liable to the other Party for any lost profits, loss of business or other consequential, special, incidental, or indirect damages, even if it has been advised of the possibility of such damages, except that, subject to Section 15.1(b), consequential and incidental damages may apply in connection with third party Claims that are subject to a Party’s indemnification obligations under Section 14 (Indemnification), breach of Section 8 (Confidentiality) (it being understood that any breach of Section 7 (Data Security and Protection) shall not be deemed in itself to be a breach of Section 8 (Confidentiality)) and nothing in this Section 15.1 shall limit either Party’s liability for willful misconduct.
(b) Except in the case of fraud, willful misconduct, or willful and intentional breach of this Agreement and Customer’s payment obligations for Charges under the Agreement, each Party's total aggregate liability arising out of, resulting from, or in connection with this Agreement and the Services, whether arising under contract, tort, statute, or otherwise, will be limited to $30,000,000.
