Common use of Limitation of Liability Disclaimer Indemnification Clause in Contracts

Limitation of Liability Disclaimer Indemnification. 12.1. To the extent allowed under mandatory law, each Party shall only be liable where gross negligence or willful misconduct is proven. In no event shall any Party be held liable for any special, indirect, consequential, punitive, exemplary or incidental damages or loss of profits or business interruption, whether contractual, based on tort (including negligence) or otherwise arising, resulting from or related to registration or use of a Domain Name or to the use of the Shared Registry System or Registry Web Site, even if it has been advised of the possibility of such loss or damages, including but not limited to decisions taken by other Party to register or not to register a Domain Name on the basis of the applicable rights protection mechanisms and processes. To the extent allowed under mandatory law, each Party’s liability for damages shall in any case be limited to the fees charged by the Registry to the Registrar in relation to the Domain Name transaction concerned. 12.2. REGISTRAR EXPRESSLY ACKNOWLEDGES AND ACCEPTS THAT THE SHARED REGISTRY SYSTEM, AND ANY AND ALL OTHER MATERIALS AND SOFTWARE PROVIDED BY OR ON BEHALF OF THE REGISTRY (INCLUDING DOCUMENTATION AND MANUALS) ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT ANY WARRANTY OF ANY KIND. THE REGISTRY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. THE REGISTRY DOES NOT WARRANT THAT ANY SOFTWARE PROVIDED TO REGISTRAR HEREUNDER WILL (i) CONTAIN ANY AND ALL FUNCTIONS WILL MEET THE REGISTRAR’S REQUIREMENTS, (ii) INTERFACE WITH THE REGISTAR’S EXISTING OR FUTURE SYSTEMS, (iii) ALLOW THE REGISTRAR TO ACHIEVE THE ENVISAGED RESULTS OR EFFECTS, OR (iv) OPERATE ERROR-FREE OR UNINTERRUPTED, AND THAT ANY SUCH ERRORS WILL BE CORRECTED OR INTERRUPTIONS REPAIRED. 12.3. Both Parties shall indemnify and hold harmless the other Party, its directors, officers, employees, agents and officials from and against any and all losses, liabilities, damages and expenses (including reasonable attorney’s fees and expenses as incurred) which it or any of them may incur or be obligated to pay in any action, claim or proceeding against them or any of them, for or by reason of acts, whether of omission or commission, that may be committed or suffered by either Party or any of its directors, officers, employees, agents and officials in connection with either Parties performance of this Agreement. The provisions of this Article and obligations hereunder shall survive any termination or rescission of this Agreement. 12.4. For the purposes of this Article, the term “Registry” also refers to its subcontractors and agents, and each of their respective directors, agents and employees.

Limitation of Liability Disclaimer Indemnification. 12.1. To the extent allowed under mandatory law, each Party shall only be liable where gross negligence or willful misconduct is proven. In no event shall any Party be held liable for any special, indirect, consequential, punitive, exemplary or incidental damages or loss of profits or business interruption, whether contractual, based on tort (including negligence) or otherwise arising, resulting from or related to registration or use of a Domain Name or to the use of the Shared Registry System or Registry Web Site, even if it has been advised of the possibility of such loss or damages, including but not limited to decisions taken by other Party to register or not to register a Domain Name on the basis of the applicable rights protection mechanisms and processes. To the extent allowed under mandatory law, each Party’s liability for damages shall in any case be limited to the fees charged by the Registry to the Registrar in relation to the Domain Name transaction concerned. 12.2. REGISTRAR EXPRESSLY ACKNOWLEDGES AND ACCEPTS THAT THE SHARED REGISTRY SYSTEM, AND ANY AND ALL OTHER MATERIALS AND SOFTWARE PROVIDED BY OR ON BEHALF OF THE REGISTRY (INCLUDING DOCUMENTATION AND MANUALS) ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT ANY WARRANTY OF ANY KIND. THE REGISTRY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. THE REGISTRY DOES NOT WARRANT THAT ANY SOFTWARE PROVIDED TO REGISTRAR HEREUNDER WILL (i) CONTAIN ANY AND ALL FUNCTIONS WILL MEET THE REGISTRAR’S REQUIREMENTS, (ii) INTERFACE WITH THE REGISTAR’S EXISTING OR FUTURE SYSTEMS, (iii) ALLOW THE REGISTRAR TO ACHIEVE THE ENVISAGED RESULTS OR EFFECTS, OR (iv) OPERATE ERROR-FREE OR UNINTERRUPTED, AND THAT ANY SUCH ERRORS WILL BE CORRECTED OR INTERRUPTIONS REPAIRED. 12.3. Both Parties shall indemnify and hold harmless the other Party, its directors, officers, employees, agents and officials from and against any and all losses, liabilities, damages and expenses (including reasonable attorney’s fees and expenses as incurred) which it or any of them may incur or be obligated to pay in any action, claim or proceeding against them or any of them, for or by reason of acts, whether of omission or commission, that may be committed or suffered by either Party Registrar or any of its directors, officers, employees, agents and officials in connection with either Parties Registrar’s performance of this Agreement. The provisions of this Article and Registrar’s obligations hereunder shall survive any termination or rescission of this Agreement. 12.4. For the purposes of this Article, the term “Registry” also refers to its subcontractors and agents, and each of their respective directors, agents and employees.

Limitation of Liability Disclaimer Indemnification. 12.1. To the extent allowed under mandatory law, each Party shall only be liable where gross negligence or willful misconduct is proven. In no event shall any Party be held liable for any special, indirect, consequential, punitive, exemplary or incidental damages or loss of profits or business interruption, whether contractual, based on tort (including negligence) or otherwise arising, resulting from or related to registration or use of a Domain Name or to the use of the Shared Registry System or Registry Web Site, even if it has been advised of the possibility of such loss or damages, including but not limited to decisions taken by other Party to register or not to register a Domain Name on the basis of the applicable rights protection mechanisms and processes. To the extent allowed under mandatory law, each Party’s liability for damages shall in any case be limited to the fees charged by the Registry to the Registrar in relation to the Domain Name transaction transaction(s) concerned. 12.2. REGISTRAR EXPRESSLY ACKNOWLEDGES AND ACCEPTS THAT THE SHARED REGISTRY SYSTEM, AND ANY AND ALL OTHER MATERIALS AND SOFTWARE PROVIDED BY OR ON BEHALF OF THE REGISTRY (INCLUDING DOCUMENTATION AND MANUALS) ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT ANY WARRANTY OF ANY KIND. THE REGISTRY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. THE REGISTRY DOES NOT WARRANT THAT ANY SOFTWARE PROVIDED TO REGISTRAR HEREUNDER WILL (i) CONTAIN ANY AND ALL FUNCTIONS WILL MEET THE REGISTRAR’S REQUIREMENTS, (ii) INTERFACE WITH THE REGISTAR’S EXISTING OR FUTURE SYSTEMS, (iii) ALLOW THE REGISTRAR TO ACHIEVE THE ENVISAGED RESULTS OR EFFECTS, OR (iv) OPERATE ERROR-FREE OR UNINTERRUPTED, AND THAT ANY SUCH ERRORS WILL BE CORRECTED OR INTERRUPTIONS REPAIRED. 12.3. Both Parties shall indemnify and hold harmless the other Party, its directors, officers, employees, agents and officials from and against any and all losses, liabilities, damages and expenses (including reasonable attorney’s fees and expenses as incurred) which it or any of them may incur or be obligated to pay in any action, claim or proceeding against them or any of them, for or by reason of acts, whether of omission or commission, that may be committed or suffered by either Party or any of its directors, officers, employees, agents and officials in connection with either Parties performance of this Agreement. The provisions of this Article and Parties obligations hereunder shall survive any termination or rescission of this Agreement. 12.4. For the purposes of this Article, the term “Registry” also refers to its subcontractors and agents, and each of their respective directors, agents and employees.

Limitation of Liability Disclaimer Indemnification. 12.1. To the extent allowed under mandatory law, each Party the Registry Operator shall only be liable where the Registry Operator’s gross negligence or willful wilful misconduct is proven. In no event shall any Party the Registry Operator be held liable for any special, indirect, consequential, punitive, exemplary or incidental damages or loss of profits or business interruption, whether contractual, based on tort (including negligence) or otherwise arising, resulting from or related to registration or use of a Domain Name or to the use of the Shared Registry System or Registry Web SiteWebsite, even if it has been advised of the possibility of such loss or damages, including but not limited to decisions taken by other Party the Registry Operator to register or not to register a Domain Name on the basis of the applicable rights protection mechanisms and processes. To the extent allowed under mandatory law, each Partythe Registry Operator’s liability for damages shall in any case be limited to the fees charged by the Registry Operator to the Registrar in relation to the Domain Name transaction concerned. 12.2. REGISTRAR EXPRESSLY ACKNOWLEDGES AND ACCEPTS THAT THE SHARED REGISTRY SYSTEM, AND ANY AND ALL OTHER MATERIALS AND SOFTWARE PROVIDED BY OR ON BEHALF OF THE REGISTRY OPERATOR (INCLUDING DOCUMENTATION AND MANUALS) ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT ANY WARRANTY OF ANY KIND. THE REGISTRY OPERATOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. THE REGISTRY OPERATOR DOES NOT WARRANT THAT ANY SOFTWARE PROVIDED TO REGISTRAR HEREUNDER WILL (i) CONTAIN ANY AND ALL FUNCTIONS THAT WILL MEET THE REGISTRAR’S REQUIREMENTS, (ii) INTERFACE WITH THE REGISTAR’S EXISTING OR FUTURE SYSTEMS, (iii) ALLOW THE REGISTRAR TO ACHIEVE THE ENVISAGED RESULTS OR EFFECTS, OR (iv) OPERATE ERROR-ERROR- FREE OR UNINTERRUPTED, AND THAT ANY SUCH ERRORS WILL BE CORRECTED OR INTERRUPTIONS REPAIRED. 12.3. Both Parties Registrar shall indemnify and hold harmless the other PartyRegistry Operator, its directors, officers, employees, agents and officials from and against any and all losses, liabilities, damages and expenses (including reasonable attorney’s fees and expenses as incurred) which it or any of them may incur or be obligated to pay in any action, claim or proceeding against them or any of them, for or by reason of acts, whether of omission or commission, that may be committed or suffered by either Party Registrar or any of its directors, officers, employees, agents and officials in connection with either Parties Registrar’s performance of this Agreement. The provisions of this Article and Registrar’s obligations hereunder shall survive any termination or rescission of this Agreement. 12.4. For the purposes of this Article, the term “RegistryRegistry Operator” also refers to its subcontractors and agents, and each of their respective directors, agents and employees.

Limitation of Liability Disclaimer Indemnification. 12.1. To the extent allowed under mandatory law, each Party shall only be liable where gross negligence or willful misconduct is proven. In no event shall any Party be held liable for any special, indirect, consequential, punitive, exemplary or incidental damages or loss of profits or business interruption, whether contractual, based on tort (including negligence) or otherwise arising, resulting from or related to registration or use of a Domain Name or to the use of the Shared Registry System or Registry Web SiteWebsite, even if it has been advised of the possibility of such loss or damages, including but not limited to decisions taken by other Party to register or not to register a Domain Name on the basis of the applicable rights protection mechanisms and processes. To the extent allowed under mandatory law, each Party’s liability for damages shall in any case be limited to the fees charged by the Registry to the Registrar in relation to the Domain Name transaction transaction(s) concerned. 12.2. REGISTRAR EXPRESSLY ACKNOWLEDGES AND ACCEPTS THAT THE SHARED REGISTRY SYSTEM, AND ANY AND ALL OTHER MATERIALS AND SOFTWARE PROVIDED BY OR ON BEHALF OF THE REGISTRY (INCLUDING DOCUMENTATION AND MANUALS) ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT ANY WARRANTY OF ANY KIND. THE REGISTRY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. THE REGISTRY DOES NOT WARRANT THAT ANY SOFTWARE PROVIDED TO REGISTRAR HEREUNDER WILL (i) CONTAIN ANY AND ALL FUNCTIONS WILL MEET THE REGISTRAR’S REQUIREMENTS, (ii) INTERFACE WITH THE REGISTAR’S EXISTING OR FUTURE SYSTEMS, (iii) ALLOW THE REGISTRAR TO ACHIEVE THE ENVISAGED RESULTS OR EFFECTS, OR (iv) OPERATE ERROR-FREE OR UNINTERRUPTED, AND THAT ANY SUCH ERRORS WILL BE CORRECTED OR INTERRUPTIONS REPAIRED. 12.3. Both Parties shall indemnify and hold harmless the other Party, its directors, officers, employees, agents and officials from and against any and all losses, liabilities, damages and expenses (including reasonable attorney’s fees and expenses as incurred) which it or any of them may incur or be obligated to pay in any action, claim or proceeding against them or any of them, for or by reason of acts, whether of omission or commission, that may be committed or suffered by either Party or any of its directors, officers, employees, agents and officials in connection with either Parties performance of this Agreement. The provisions of this Article and Parties obligations hereunder shall survive any termination or rescission of this Agreement. 12.4. For the purposes of this Article, the term “Registry” also refers to its subcontractors and agents, and each of their respective directors, agents and employees.