Common use of Limitations and Disclaimers of Liability Clause in Contracts

Limitations and Disclaimers of Liability. (a) THE CARRIER AND PASSENGER HEREBY AGREE THERE IS NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE FITNESS, SEAWORTHINESS, OR CONDITION OF THE VESSEL OR ANY PERSON ON BOARD, OR ANY FOOD, DRINK, MEDICINE, OR PROVISIONS SUPPLIED ON BOARD THE VESSEL. THE PASSENGER ACKNOWLEDGES THAT THE CARRIER IS NOT AN INSURER OF HIS OR HER SAFETY DURING THE COURSE OF THE VOYAGE, AND THE PASSENGER AGREES THAT THE CARRIER SHALL NOT BE LIABLE IN ANY CIRCUMSTANCES FOR ANY INCIDENT OR INJURY ARISING FROM EVENTS OCCURRING OUTSIDE OF THE PASSENGER AREAS OF THE VESSEL OR OUTSIDE OF THE VESSEL ITSELF, OUTBREAKS OF COMMUNICABLE DISEASE, INCLUDING BUT NOT LIMITED TO THOSE EVENTS OCCURRING ASHORE (INCLUDING SHORE EXCURSIONS), ON TENDERS NOT OWNED OR OPERATED BY THE CARRIER, ON OR RESULTING FROM EQUIPMENT NOT A PART OF THE VESSEL, OR UPON DOCKS AND/OR PIERS, OR INVOLVING PERSONS EMPLOYED ON BOARD THE VESSEL ACTING OUTSIDE THE COURSE AND SCOPE OF EMPLOYMENT. (b) CARRIER DISCLAIMS ALL LIABILITY TO THE PASSENGER FOR DAMAGES FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF ANY KIND NOT RESULTING FROM A PHYSICAL INJURY TO THAT PASSENGER, NOR FROM THAT PASSENGER HAVING BEEN AT RISK OF ACTUAL PHYSICAL INJURY, NOR INTENTIONALLY INFLICTED BY THE CARRIER. (c) CARRIER AND THE VESSEL SHALL HAVE THE BENEFIT OF ANY STATUTORY LIMITATION OF LIABILITY OR EXONERATION OF LIABILITY AVAILABLE IN THE APPLICABLE FORUM, OR UNDER ANY APPLICABLE NATIONAL OR INTERNATIONAL LAW, INCLUDING, BUT NOT LIMITED TO, 46 U.S.C. §§ 30501 THROUGH 30509 AND 30511. (d) CARRIER SHALL NOT BE LIABLE FOR ANY INJURIES OR DAMAGES WHICH OCCUR WHILE PARTICIPATING IN ANY ATHLETIC OR RECREATIONAL ACTIVITIES ABOARD THE VESSEL OR ONSHORE AT ANY PORT OF CALL, INCLUDING, BUT NOT LIMITED TO, PASSENGER PARTICIPATION IN OR PASSENGER USAGE OF ANY GYMNASIUM, JOGGING, SWIMMING, DIVING, HEALTH CLUB AND SAUNA FACILITIES. BY USING SAID FACILITIES, THE PASSENGER AGREES TO ASSUME ALL RISKS, OF WHICH THE PASSENGER ACKNOWLEDGES THEY HAVE BEEN WARNED OF HEREIN, ARISING THEREFROM AND DOES HEREBY FULLY RELEASE AND DISCHARGE THE CARRIER FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, CAUSES OF ACTION, PRESENT OR FUTURE, WHETHER THE SAME BE KNOWN, ANTICIPATED OR UNANTICIPATED, RESULTING FROM OR ARISING OUT OF THE PASSENGER’S USE OR INTENDED USE OF SAID FACILITIES AND/OR ACTIVITIES. (e) CARRIER ASSERTS AND HEREBY PLACES PASSENGER ON NOTICE OF ITS INTENT TO USE THE IMMUNITY FOR BUSINESS ENTITIES AGAINST LIABILITY FOR ANY COVID-19- RELATED CLAIM AS PROVIDED FOR IN FLORIDA STATUTES §§ 768.38 AND 768.381. (f) IF PASSENGER IS TRAVELING WITH HIS/HER NATURAL BORN OR ADOPTED MINOR CHILDREN, THE PASSENGER HEREBY AGREES AND STIPULATED TO THE APPOINTMENT, UPON BOARDING OF HIM/HERSELF AS THE LEGAL REPRESENTATIVE OF SUCH MINOR CHILDREN WITHIN THE MEANING OF 46 U.S.C. § 30508(d) UPON BOARDING.

Limitations and Disclaimers of Liability. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, COMPANY’S LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT (aWHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) SHALL IN NO EVENT EXCEED THE CARRIER AND PASSENGER HEREBY AGREE THERE IS AMOUNT PAID BY LICENSEE TO COMPANY FOR THE SOFTWARE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY UNDER THIS AGREEMENT, PROVIDED THAT IN NO WARRANTYEVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY LICENSEE HEREUNDER. DISCLAIMER OF LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE FOR A) INDIRECT, WHETHER EXPRESS OR IMPLIEDINCIDENTAL, AS TO THE FITNESSSPECIAL, SEAWORTHINESSCONSEQUENTIAL, OR CONDITION OF THE VESSEL OR ANY PERSON ON BOARD, OR ANY FOOD, DRINK, MEDICINE, OR PROVISIONS SUPPLIED ON BOARD THE VESSEL. THE PASSENGER ACKNOWLEDGES THAT THE CARRIER IS NOT AN INSURER OF HIS OR HER SAFETY DURING THE COURSE OF THE VOYAGE, AND THE PASSENGER AGREES THAT THE CARRIER SHALL NOT BE LIABLE IN ANY CIRCUMSTANCES FOR ANY INCIDENT OR INJURY ARISING FROM EVENTS OCCURRING OUTSIDE OF THE PASSENGER AREAS OF THE VESSEL OR OUTSIDE OF THE VESSEL ITSELF, OUTBREAKS OF COMMUNICABLE DISEASEPUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE EVENTS OCCURRING ASHORE (INCLUDING SHORE EXCURSIONS)LOST DATA, ON TENDERS NOT OWNED LOST PROFITS, DAMAGED HARDWARE OR OPERATED EQUIPMENT, AND CLAIMS BY THE CARRIERANY THIRD PARTIES, ON OR FOR EXEMPLARY DAMAGES, ARISING FROM, RELATING TO, OR RESULTING FROM EQUIPMENT NOT A PART THIS AGREMEENT, LICENSEE’S USE OF OR INABILITY TO USE THE SOFTWARE, OR ANY SUPPORT SERVICES RENDERED WITH RESPECT THERETO, HOWEVER ARISING, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EVEN IF IT HAS BEEN ADVISED OF THE VESSELPOSSIBILITY OF SUCH DAMAGES, B) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR UPON DOCKS FAILURE BY COMPANY TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT DUE TO ANY CAUSE BEYOND COMPANY’S LEGAL CONTROL, AND/OR PIERSC) CLAIMS MADE SUBJECT OF A LEGAL PROCEEDING AGAINST COMPANY MORE THAN TWO YEARS AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE. This Section 8 shall not impair the U.S. Government’s right to recover for fraud or crimes arising out of or related to this Agreement under any federal fraud statute, OR INVOLVING PERSONS EMPLOYED ON BOARD THE VESSEL ACTING OUTSIDE THE COURSE AND SCOPE OF EMPLOYMENT. (b) CARRIER DISCLAIMS ALL LIABILITY TO THE PASSENGER FOR DAMAGES FOR EMOTIONAL DISTRESSincluding the False Claims Act, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF ANY KIND NOT RESULTING FROM A PHYSICAL INJURY TO THAT PASSENGER, NOR FROM THAT PASSENGER HAVING BEEN AT RISK OF ACTUAL PHYSICAL INJURY, NOR INTENTIONALLY INFLICTED BY THE CARRIER. (c) CARRIER AND THE VESSEL SHALL HAVE THE BENEFIT OF ANY STATUTORY LIMITATION OF LIABILITY OR EXONERATION OF LIABILITY AVAILABLE IN THE APPLICABLE FORUM, OR UNDER ANY APPLICABLE NATIONAL OR INTERNATIONAL LAW, INCLUDING, BUT NOT LIMITED TO, 46 31 U.S.C. §§ 30501 THROUGH 30509 AND 305113729- 3733. (d) CARRIER SHALL NOT BE LIABLE FOR ANY INJURIES OR DAMAGES WHICH OCCUR WHILE PARTICIPATING IN ANY ATHLETIC OR RECREATIONAL ACTIVITIES ABOARD THE VESSEL OR ONSHORE AT ANY PORT OF CALL, INCLUDING, BUT NOT LIMITED TO, PASSENGER PARTICIPATION IN OR PASSENGER USAGE OF ANY GYMNASIUM, JOGGING, SWIMMING, DIVING, HEALTH CLUB AND SAUNA FACILITIES. BY USING SAID FACILITIES, THE PASSENGER AGREES TO ASSUME ALL RISKS, OF WHICH THE PASSENGER ACKNOWLEDGES THEY HAVE BEEN WARNED OF HEREIN, ARISING THEREFROM AND DOES HEREBY FULLY RELEASE AND DISCHARGE THE CARRIER FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, CAUSES OF ACTION, PRESENT OR FUTURE, WHETHER THE SAME BE KNOWN, ANTICIPATED OR UNANTICIPATED, RESULTING FROM OR ARISING OUT OF THE PASSENGER’S USE OR INTENDED USE OF SAID FACILITIES AND/OR ACTIVITIES. (e) CARRIER ASSERTS AND HEREBY PLACES PASSENGER ON NOTICE OF ITS INTENT TO USE THE IMMUNITY FOR BUSINESS ENTITIES AGAINST LIABILITY FOR ANY COVID-19- RELATED CLAIM AS PROVIDED FOR IN FLORIDA STATUTES §§ 768.38 AND 768.381. (f) IF PASSENGER IS TRAVELING WITH HIS/HER NATURAL BORN OR ADOPTED MINOR CHILDREN, THE PASSENGER HEREBY AGREES AND STIPULATED TO THE APPOINTMENT, UPON BOARDING OF HIM/HERSELF AS THE LEGAL REPRESENTATIVE OF SUCH MINOR CHILDREN WITHIN THE MEANING OF 46 U.S.C. § 30508(d) UPON BOARDING.

Limitations and Disclaimers of Liability. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, COMPANY’S LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT (aWHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) SHALL IN NO EVENT EXCEED THE CARRIER AND PASSENGER HEREBY AGREE THERE IS AMOUNT PAID BY LICENSEE TO COMPANY FOR THE SOFTWARE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY UNDER THIS AGREEMENT, PROVIDED THAT IN NO WARRANTYEVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY LICENSEE HEREUNDER. DISCLAIMER OF LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE FOR A) INDIRECT, WHETHER EXPRESS OR IMPLIEDINCIDENTAL, AS TO THE FITNESSSPECIAL, SEAWORTHINESSCONSEQUENTIAL, OR CONDITION OF THE VESSEL OR ANY PERSON ON BOARD, OR ANY FOOD, DRINK, MEDICINE, OR PROVISIONS SUPPLIED ON BOARD THE VESSEL. THE PASSENGER ACKNOWLEDGES THAT THE CARRIER IS NOT AN INSURER OF HIS OR HER SAFETY DURING THE COURSE OF THE VOYAGE, AND THE PASSENGER AGREES THAT THE CARRIER SHALL NOT BE LIABLE IN ANY CIRCUMSTANCES FOR ANY INCIDENT OR INJURY ARISING FROM EVENTS OCCURRING OUTSIDE OF THE PASSENGER AREAS OF THE VESSEL OR OUTSIDE OF THE VESSEL ITSELF, OUTBREAKS OF COMMUNICABLE DISEASEPUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE EVENTS OCCURRING ASHORE (INCLUDING SHORE EXCURSIONS)LOST DATA, ON TENDERS NOT OWNED LOST PROFITS, DAMAGED HARDWARE OR OPERATED EQUIPMENT, AND CLAIMS BY THE CARRIERANY THIRD PARTIES, ON OR FOR EXEMPLARY DAMAGES, ARISING FROM, RELATING TO, OR RESULTING FROM EQUIPMENT NOT A PART THIS AGREMEENT, LICENSEE’S USE OF OR INABILITY TO USE THE SOFTWARE, OR ANY SUPPORT SERVICES RENDERED WITH RESPECT THERETO, HOWEVER ARISING, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EVEN IF IT HAS BEEN ADVISED OF THE VESSELPOSSIBILITY OF SUCH DAMAGES, B) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR UPON DOCKS FAILURE BY COMPANY TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT DUE TO ANY CAUSE BEYOND COMPANY’S LEGAL CONTROL, AND/OR PIERSC) CLAIMS MADE SUBJECT OF A LEGAL PROCEEDING AGAINST COMPANY MORE THAN TWO YEARS AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE. This Section 8 shall not impair the U.S. Government’s right to recover for fraud or crimes arising out of or related to this Agreement under any federal fraud statute, OR INVOLVING PERSONS EMPLOYED ON BOARD THE VESSEL ACTING OUTSIDE THE COURSE AND SCOPE OF EMPLOYMENT. (b) CARRIER DISCLAIMS ALL LIABILITY TO THE PASSENGER FOR DAMAGES FOR EMOTIONAL DISTRESSincluding the False Claims Act, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF ANY KIND NOT RESULTING FROM A PHYSICAL INJURY TO THAT PASSENGER, NOR FROM THAT PASSENGER HAVING BEEN AT RISK OF ACTUAL PHYSICAL INJURY, NOR INTENTIONALLY INFLICTED BY THE CARRIER. (c) CARRIER AND THE VESSEL SHALL HAVE THE BENEFIT OF ANY STATUTORY LIMITATION OF LIABILITY OR EXONERATION OF LIABILITY AVAILABLE IN THE APPLICABLE FORUM, OR UNDER ANY APPLICABLE NATIONAL OR INTERNATIONAL LAW, INCLUDING, BUT NOT LIMITED TO, 46 31 U.S.C. §§ 30501 THROUGH 30509 AND 305113729-3733. (d) CARRIER SHALL NOT BE LIABLE FOR ANY INJURIES OR DAMAGES WHICH OCCUR WHILE PARTICIPATING IN ANY ATHLETIC OR RECREATIONAL ACTIVITIES ABOARD THE VESSEL OR ONSHORE AT ANY PORT OF CALL, INCLUDING, BUT NOT LIMITED TO, PASSENGER PARTICIPATION IN OR PASSENGER USAGE OF ANY GYMNASIUM, JOGGING, SWIMMING, DIVING, HEALTH CLUB AND SAUNA FACILITIES. BY USING SAID FACILITIES, THE PASSENGER AGREES TO ASSUME ALL RISKS, OF WHICH THE PASSENGER ACKNOWLEDGES THEY HAVE BEEN WARNED OF HEREIN, ARISING THEREFROM AND DOES HEREBY FULLY RELEASE AND DISCHARGE THE CARRIER FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, CAUSES OF ACTION, PRESENT OR FUTURE, WHETHER THE SAME BE KNOWN, ANTICIPATED OR UNANTICIPATED, RESULTING FROM OR ARISING OUT OF THE PASSENGER’S USE OR INTENDED USE OF SAID FACILITIES AND/OR ACTIVITIES. (e) CARRIER ASSERTS AND HEREBY PLACES PASSENGER ON NOTICE OF ITS INTENT TO USE THE IMMUNITY FOR BUSINESS ENTITIES AGAINST LIABILITY FOR ANY COVID-19- RELATED CLAIM AS PROVIDED FOR IN FLORIDA STATUTES §§ 768.38 AND 768.381. (f) IF PASSENGER IS TRAVELING WITH HIS/HER NATURAL BORN OR ADOPTED MINOR CHILDREN, THE PASSENGER HEREBY AGREES AND STIPULATED TO THE APPOINTMENT, UPON BOARDING OF HIM/HERSELF AS THE LEGAL REPRESENTATIVE OF SUCH MINOR CHILDREN WITHIN THE MEANING OF 46 U.S.C. § 30508(d) UPON BOARDING.