Limitation of Liability; No Warranties Sample Clauses

Limitation of Liability; No Warranties. IN NO EVENT WILL AUTODESK BE LIABLE FOR DAMAGES FOR FAILURE TO MANUFACTURE OR MAKE COMMERCIALLY AVAILABLE EXTENSIONS, RELEASES, ANCILLARY PRODUCTS OR ANCILLARY SERVICES OR SUPPORT DURING THE TERM OF YOUR SUPPORT AND MAINTENANCE. IN NO EVENT SHALL AUTODESK BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT WILL AUTODESK BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OR LOSS OF PROFIT, LOSS OF USE OR LOSS OF DATA HOWEVER CAUSED OR ARISING. THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF AUTODESK FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION TO YOUR SUPPORT AND MAINTENANCE HEREUNDER SHALL BE LIMITED TO YOUR DIRECT DAMAGES AND SHALL NOT EXCEED THE SUPPORT AND MAINTENANCE FEES PAID BY YOU FOR THE SUPPORT AND MAINTENANCE IN RESPECT OF WHICH THE CLAIM ARISES. THESE LIMITATIONS WILL APPLY EVEN IF AUTODESK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE SUPPORT AND MAINTENANCE FEE REFLECTS THIS ALLOCATION OF RISK AND THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES. AUTODESK SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF ANY EXTENSION, RELEASE OR ANCILLARY PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING EXTENSIONS, RELEASES AND ANCILLARY PRODUCTS FROM LOSS OR THEFT AND FOR PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHER APPROPRIATE MEANS. Nothing contained in these terms and conditions limits Autodesk’s liability to you in the event of death or personal injury resulting from Autodesk’s negligence. These limitations shall be in addition to, and not in substitution for, the limitations of liability set out in any applicable Autodesk License Agreement. SAVE AS SET OUT IN ANY APPLICABLE AUTODESK SOFTWARE LICENSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW AUTODESK MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND CONCERNING ANY EXTENSION, RELEASE, ANCILLARY PRODUCT, ANCILLARY SERVICE OR SUPPORT EITHER, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUTODESK DOES NOT SPECIFICALLY WARRANT THAT: (A) SUPPORT BY AUTODESK OR RESELLER PARTNER WILL ENSURE THAT THE OPERATION OF SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED; (B) ERRORS WILL BE CORRECTED BY...

Limitation of Liability; No Warranties. 7.1 Except as expressly provided by this agreement and applicable Laws, the Company shall not be responsible or liable for any losses resulting directly or indirectly from: (a) any act or omission of Purchaser or agent of Purchaser or any error, negligence, or misconduct of Purchaser; (b) failure of transmission or communication facilities; (c) any other cause or causes beyond the Company’s control, including, without limitation, for reasons such as acts of God, fire, flood, strikes, work stoppages, acts of terrorism, governmental or regulatory action, delays of suppliers or subcontractors, war or civil disturbance, self-regulatory organization actions, telecommunication line or computer hardware failures and any other telecommunication failures; (d) the Company’s reliance on any instructions, notices, or communications that it believes to be from an individual authorized to act on behalf of Purchaser, and Purchaser hereby waives any and all defenses that any such individual was not authorized to act on behalf of Purchaser; (e) government restrictions; exchange, regulatory, or market rulings; suspension of trading; military operations; terrorist activity; strikes, or any other condition beyond the Company’s control, including without limitation extreme market volatility or trading volume; or (f) any action taken by Company to comply with applicable Laws or this Agreement. 7.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND RULES, THE COMPANY, ITS AFFILIATES, AND ITS CONTROLLING PERSONS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSSES EXCEPT THAT THE COMPANY SHALL BE RESPONSIBLE FOR ANY LOSSES TO THE EXTENT THAT SUCH LOSSES ARISE FROM THE COMPANY’S GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, CONTROLLING PERSONS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE TO PURCHASER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES OF ANY KIND FOR LOST PROFITS OR REVENUES, TRADING LOSSES, INACCURATE DISTRIBUTIONS, LOSS OF BUSINESS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. FOR THE AVOIDANCE OF DOUBT, THIS PROVISION DOES NOT ACT AS A WAIVER OF ANY RIGHTS OF A PURCHASER UNDER THE FEDERAL SECURITIES LAWS, INCLUDING ANY RIGHTS UNDER THE SECURITIES ACT OF 1933, TO THE EXTE...

Limitation of Liability; No Warranties a. NOTHWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, TO THE EXTENT PERMITTED BY LAW, PDV WILL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, (INCLUDING BUT NOT LIMITED TO DAMAGES FOR SERVICE MALFUNCTION, LOSS OF INFORMATION, LOSS OF USE, LOST PROFITS AND/OR BUSINESS INTERRUPTION, INACCURATE DATA, LOSS OF DATA, IMPROPER OR UNAUTHORIZED ACCESS TO OR INTERCEPTION OF ANY COMMUNICATION OR OTHER NON-PUBLIC INFORMATION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT SERVICES, DOWNTIME COSTS AND/OR THE CLAIMS OF YOUR CUSTOMERS FOR SUCH DAMAGES), THAT YOU MAY INCUR OR EXPERIENCE DIRECTLY OR INDIRECTLY RELATING TO, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE CUSTOMER AGREEMENT, THE SITE, SOFTWARE OR THE USE OF (OR INABILITY TO USE) THE SERVICE, THE SOFTWARE, THE SITE OR ANY DEVICE FROM WHICH SERVICE IS OBTAINED OR IS CONNECTED TO PDV’S NETWORK, HOWEVER CAUSED REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY OF LIABILITY, EVEN IF PDV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD OR SHOULD HAVE BEEN FORESEEN. b. Notwithstanding anything contained in this Agreement or the Customer Agreement to the contrary, PDV’s total liability whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise in connection with the Service, Software or the Site from any reason whatsoever will be limited to the direct damages recoverable under law but shall not exceed the Fees paid by you under the Customer Agreement for the Service during the twelve month period preceding the event for which such losses or damages giving rise to such claim occurred. . c. PDV shall have no liability whatsoever to you or any party claiming by or through you for the accuracy, timeliness, completeness or continued availability of the Service or your device or for any damages arising out of your use of your device or any component thereof, including use for mission-critical or emergency communications, High Risk Activities or improper or unauthorized access to or interception of any communication or other non-public information. d. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE (INCLUDING WIRELESS SERVICES AND ANY SOFTWARE) IS PROVIDED ON AN "AS IS," "AS AND WHEN AVAILABLE," AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY...

Limitation of Liability; No Warranties. Ohio State shall not be liable to Company for any damage arising from any event that is out of the control of Ohio State or is not caused by Ohio State. In no event shall liability exceed the amounts paid for the applicable SOW to Ohio State by Company. Beyond such amounts actually paid in the previous quarter for the particular SOW, Ohio State shall not be liable to Company for direct, indirect, special, incidental, exemplary, consequential, or any other form of money damages, including, but not limited to, lost profits, or for the loss of data or information of any kind, however caused, and arising out of or in connection with the use of or performance of a system or supercomputer computational resource, or the provision of services or performance hereunder, whether based in contract, tort, or any other legal theory, and whether or not Ohio State has been made aware of the possibility of those damages. OTHER THAN AS EXPLICITLY SET FORTH HEREIN, OHIO STATE MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability; No Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF A MOBILE WALLET SERVICE IS AT YOUR SOLE RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MOBILE WALLET IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND NETIHER WE NOR HMBRADLEY ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE. NEITHER WE NOR HMBRADLEY MAKE ANY REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE USE OF A WALLET. Additional Provisions Concerning Hardware and Software for Mobile Banking Services (a) Hardware Neither the Bank nor HMBradley represent or warrant the performance or operation of any mobile device. You select a mobile device and any issues relating to the operation, performance, and costs associated with the device are among you, your wireless telecommunications provider, and the person or entity who sold or provided you with the device.

Limitation of Liability; No Warranties. 1. Kasih AP Gold, its agents, employees, or officers, shall under no circumstances be liable: i. to you, whether in contract, tort, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Agreement; ii. for any special, general, direct, indirect, incidental or consequential damages, even if we had been advised of the possibility thereof; iii. for any fees, duties, taxes, or loss as a result of theft or any other loss of gold after it has been removed from the Vault at your request for delivery or collection; iv. for any damages resulting from latent defect, loss of data or loss of profits; v. for any damages resulting from any of your instructions not being sufficiently clear or any failure by you to provide correct or requested information; vi. for any loss as a result of risks associated with online trading, including software and hardware failure latent defect, loss of data, delays, failure, errors, omissions, or losses of transmitted information or instructions, power outages, internet failure, hackers, denial of service (DoS) attacks, viruses, or other contaminating or destructive properties; vii. for any penalties, fees, interest, costs or damages imposed upon or incurred by you with respect to any transfers or payments, or for our inability to retrieve electronic payments from accounts held at financial institutions. 2. Kasih AP Gold will not be in breach of this Agreement or otherwise liable for any loss suffered or incurred as a result of any delay in performance or any non-performance of any obligations under this Agreement (and, where relevant, the time for performance will be extended accordingly) if and to the extent that the delay or non-performance is owing to: i. Force Majeure; or ii. neglect, serious fault or wilful misconduct on the part of you including any failure to keep your Password secure and any failure to comply with this Agreement or associated policies. 3. In case of Force Majeure, we will use our reasonable endeavours to mitigate the effect of the Force Majeure and to carry out our obligations under this Agreement in any other way that is reasonably practicable. We will, as soon as reasonably practicable, notify you of the nature and extent of the circumstances giving rise to Force Majeure. If the Force Majeure in question prevails for a continuous period in excess of six (6) months after the date on which the Force Majeure begins, you shall ...

Limitation of Liability; No Warranties. (a) Neither party shall be liable to the other party for any indirect, incidental, consequential, special, punitive or exemplary damages arising out of or in connection with this Agreement, including loss of revenue, profits or business, costs of delay, costs of lost or damaged data or documentation, or a party’s liabilities to third parties arising from any source. (b) Except in accordance with Section 10(a) with respect to the Company’s obligations to pay Settlement Funds to the Merchant, the Company’s maximum liability to the Merchant under this Agreement shall be limited to the total Fees paid by the Merchant to the Company in the twelve (12) months immediately preceding the event which first gave rise to such liability. (c) The Company does not make or give under this Agreement, and hereby expressly disclaims, all warranties, representations, or conditions, both express and implied, arising by statute or otherwise in law, or from course of dealing or usage or trade, including, but not limited to, any implied warranty, representation, or condition of merchantability, merchantable quality, or fitness for any purpose, particular, specific, or otherwise, for any warranty with respect to the title of or non-infringement in any way relating to this Agreement and/or any services related to any of the foregoing provided by or for the Merchant.

Limitation of Liability; No Warranties. Ohio State shall not be liable to Client for any damage arising from any event that is out of the control of Ohio State or is not caused by Ohio State. Ohio State shall not be liable to Client for direct, indirect, special, incidental, exemplary, consequential, or any other form of money damages, including, but not limited to, lost profits, arising out of or in connection services performed hereunder, whether based in contract, tort, or any other legal theory, and whether or not Ohio State has been made aware of the possibility of those damages. OTHER THAN AS EXPLICITLY SET FORTH HEREIN, OHIO STATE MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability; No Warranties. 4.4.1 Except as expressly provided by this agreement and applicable laws, the Company shall not be responsible or liable for any losses resulting directly or indirectly from: (a) any act or omission of any Contributor or agent of Contributor or any error, negligence, or misconduct of the Contributor; (b) the ultimate outcome of the Action; (c) failure of transmission or communication facilities;

Limitation of Liability; No Warranties. Except as specifically set forth herein or where the law requires a different standard, we shall not be responsible for any loss, damage, or injury or for any direct, indirect, special, incidental, exemplary, punitive, or consequential damages, including lost profits, arising from or related to the system, equipment, browser, application and/or the installation or maintenance thereof, access to or use of the eBanking Services, your granting us screen sharing or remote control access to your computer systems for technology support, failure of electronic or mechanical equipment, the internet, the site, or communication lines, telephone or other interconnect problems, bugs, errors, configuration problems or incompatibility of computer hardware, software, the internet, or the system, failure or unavailability of internet access, problems with internet service providers, problems or delays with intermediate computer or communications networks or facilities, problems with data transmission facilities or any other problems you experience due to causes beyond our control, whether or not we have been advised of the possibility of such loss or damage. Except as otherwise expressly provided in any applicable agreement, you understand and agree that your use of eBanking Services is at your sole risk and that eBanking Services and all information, software, products, and other content (including third party information, products, and content) included in or accessible from the site, are provided on an "as is" "where-is" and "where available" basis, and are subject to change at any time without notice to you. You acknowledge that our systems and procedures established for providing eBanking Services are commercially reasonable. You further acknowledge that we make no warranty that eBanking Services will be uninterrupted, timely, secure, or error-free unless otherwise stated on the site or in any applicable agreement. To the fullest extent permitted by law, we disclaim all representations, warranties and conditions of any kind (express, implied, statutory or otherwise, including, but not limited to, the warranties of merchantability and fitness for a particular purpose, title and non-infringement of proprietary rights) as to the online service and all information, products and other content (including third party information, products and content) included in or accessible from the site. No license to you is implied in these disclaimers.