LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES. (A) SUBJECT TO SECTION 19(B) BELOW AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TREND MICRO OR ITS SUPPLIERS BE LIABLE TO YOU (i) FOR ANY LOSSES WHICH WERE NOT REASONABLY FORSEEABLE AT THE TIME OF ENTERING INTO THIS AGREEMENT OR (ii) FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR FOR LOST OR CORRUPTED DATA OR MEMORY, SYSTEM CRASH, DISK/SYSTEM DAMAGE, LOST PROFITS OR SAVINGS, OR LOSS OF BUSINESS, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, SERVICES OR MAINTENANCE. THESE LIMITATIONS APPLY EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY.
(B) SECTION 19(A) DOES NOT SEEK TO LIMIT OR EXCLUDE THE LIABILITY OF TREND MICRO OR ITS SUPPLIERS IN THE EVENT OF DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR FRAUD OR FOR ANY OTHER LIABILITY FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE.
(C) SUBJECT TO SECTIONS 19(A) AND 19(B) ABOVE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF TREND MICRO OR ITS SUPPLIERS FOR ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID OR PAYABLE BY YOU OR THE AMOUNT PAID BY YOU TO TREND MICRO, ITS RESELLERS OR ITS SUPPLIERS FOR ONE YEAR OF SERVICE. YOU AGREE TO THE ALLOCATION OF LIABILITY SET FORTH IN THIS SECTION AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THESE LIMITATIONS, THE FEES CHARGED FOR THE LICENSE, SERVICE AND MAINTENANCE WOULD BE HIGHER OR IN THE CASE OF SOFTWARE FOR EVALUATION, TREND MICRO WOULD NOT BE ABLE TO OFFER YOU THE RIGHT TO EVALUATE THE SOFTWARE AT NO CHARGE.
LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL EITHER OF THE PARTIES HERETO BE LIABLE TO THE OTHER FOR THE PAYMENT OF ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR USE, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY INCURRED BY EITHER PARTY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF THE OTHER PARTY OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, SMSI SHALL NOT BE LIABLE UNDER THIS AGREEMENT FOR ANY AMOUNTS IN EXCESS OF THE AGGREGATE FEES PAID TO IT HEREUNDER. THE PRECEEDING SENTENCE SHALL NOT APPLY TO THE INDEMNITY, IP INFRINGEMENT AND NONCOMPLIANCE WITH LAWS SECTIONS OF THIS AGREEMENT. THE REMEDIES PROVIDED FOR HEREIN EMBODY THE ESSENTIAL PURPOSE OF THE PARTIES HERETO WITH RESPECT TO REMEDIAL ACTION IN THE EVENT OF BREACH OF THIS AGREEMENT.
LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES. Notwithstanding anything to the contrary, our liability under this Agreement shall be limited to the total license fee paid to us for the download and use of the Application. To the extent permitted by law, neither we nor Apple, Apple’s subsidiaries, or our collective officers, directors, members, managers, employees, independent contractors, representatives, or agents will be liable for any incidental, consequential, indirect, special, or punitive damages, or lost profits or data, damage to your iPhone, or any other pecuniary loss arising out of the use or inability to use the Application or iPhone, arising out of, or related to, this Agreement, even if we have been advised of the possibility thereof, and regardless of whether the claim is based on contract, tort, or another theory or cause of action.
LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES. The price allocable in this Agreement to any Equipment (including all options) alleged to be the cause of any loss or damage shall be the ceiling limit on the aggregate liability of BUYER on the one hand and UTCP on the other hand with respect to loss or damage whether founded in contract or tort (including negligence) arising out of, or resulting from, (i) this Agreement or the performance or breach thereof, (ii) the design, manufacture, delivery, sale, repair, replacement of any such Equipment, or (iii) the use of any such Equipment; provided, however, that the foregoing limitation UTCP’s liability shall not apply: (a) to liabilities incurred by UTCP under the Commissioning Warranty or the Services Warranty, (b) to Mechanical Completion Delay Penalties or Performance Penalties or (c) to the extent caused by the gross negligence or willful misconduct of UTCP or its employees or agents. Under no circumstances shall either Party be liable for any special, incidental, indirect or consequential damages of any nature whatsoever, including without limitation, business interruption, lost profits, revenues or sales, or increased costs of production, whether such claims are based in contract, warranty or tort, including negligence, or any other legal theory or principle; provided that nothing herein shall limit UTCP’s liability for the Mechanical Completion Delay Penalties or Performance Penalties.
LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES. Landlord shall have no liability to Tenant, or to Tenant’s officers, members, directors, shareholders, partners, employees, agents, licensees, subtenants, assignees, contractors or invitees, and Tenant hereby waives on behalf of itself and all such parties, any and all claims against Landlord for, arising out and/or pertaining to bodily injury, death, property loss, damage or destruction, other damages and any other Claims occasioned by (a) the acts or omissions of any other tenant or such other tenant’s officers, members, directors, shareholders, partners, employees, agents, licensees, subtenants, assignees, contractors or invitees within the Complex, (b) Force Majeure, (c) vandalism, theft, burglary and other criminal acts, (d) water leakage, (e) the repair, replacement, maintenance, damage, or destruction of the Premises, the Building or the Complex, and/or (e) any other occurrences or events; provided, however, the foregoing release shall not apply to any bodily injury, death, property loss, damage or destruction, other damages or any other Claims (excluding Consequential Damages) to the extent the same are Excluded Claims that are indemnified by Landlord pursuant to and subject to the limitations set forth in Article 18 above. Notwithstanding anything to the contrary contained in the foregoing, Article 18 above or elsewhere in this Lease, in no event shall Landlord be liable to Tenant, or Tenant be liable to Landlord, for any loss of business, lost profits or other consequential damages (collectively, “Consequential Damages”), resulting from or in connection with this Lease, including any matter relating to or arising out of the occupancy or use of the Premises and/or other areas of the Building or Complex (except for any Consequential Damages that may be recoverable by Landlord under Section 5.9 above as a result of any holdover by Tenant, and except for any future Rent that may be recoverable by Landlord under Section 24.2 below following any Event of Default by Tenant under this Lease).
LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES. Under no circumstances shall either party be liable to the other for lost profits, revenues, savings, or data, and any other consequential, indirect, special, or incidental damages that may arise from: (i) the creation and/or operation of the GSI Corporation as set forth in this Agreement; and (ii) a breach or default of the terms of this Agreement, including any damages which may arise under indemnities provided by either party under this Agreement, regardless of the parties' prior awareness of the potential for such loss.
LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES. In providing the Services, neither Xxxxxx Communications nor MSTAR Solutions shall have any liability hereunder except
(i) as provided in Section 4.2 or (ii) to the extent that such liability resulted from their or their employees or agents gross negligence or willful misconduct. In addition, except (i) as provided in Section 4.2 or (ii) to the extent that such liability resulted from their or their employees or agents gross negligence or willful misconduct, neither Xxxxxx Communications nor MSTAR Solutions shall be liable, whether in contract, in tort (including negligence and strict liability), or otherwise, for any special, indirect, incidental or consequential damages whatsoever (including, but not limited to, lost profits), which in any way arise out of, relate to, or are a consequence of, its performance or nonperformance under this Agreement, or the provision of or failure to provide any Service under this Agreement. The liability of Xxxxxx Communications and MSTAR hereunder shall be several.
LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES. In providing the Services, HAT shall not have any liability hereunder except to the extent that HAT shall be finally judicially determined to have engaged in gross negligence or willful misconduct. In addition, HAT shall not be liable, whether in contract, in tort (including negligence and strict liability), or otherwise,
LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES. Notwithstanding anything to the contrary, our liability under this Agreement shall be limited to the total fees you pay to us pursuant to this Agreement. In no event shall we be liable for any incidental, consequential, indirect, special, or punitive damages, or lost profits, arising out of, or related to, this Agreement, even if we have been advised of the possibility thereof, and regardless of whether the claim is based on contract, tort, or another theory or cause of action.
