Common use of LIMITATIONS OF LIABILITY AND DAMAGES Clause in Contracts

LIMITATIONS OF LIABILITY AND DAMAGES. Subscriber acknowledges and agrees that the Pricing Data is provided “AS-IS” and that neither ICE Data, the Exchanges or any of their Affiliates make any representation or warranty, express or implied, with respect to the Market Data. Without limiting any other disclaimers, neither ICE Data, The Exchanges or any of their Affiliates make any representation or warranty that the Pricing Data is accurate or complete, that the Pricing Data will be free from errors or will be uninterrupted. To the fullest extent permitted by applicable law, under no circumstances, including gross negligence, willful misconduct, or intentional breach of this Agreement, none of ICE Data, any of its Affiliates or any of their respective directors, officers, managers, employees, agents or representatives shall be liable to the Subscriber or any third party for any damages, including, without limitation, incidental, indirect, special, consequential and punitive damages, arising from the use, misuse or inability to use the Market Data or any related documentation, know-how, inventions, discoveries, techniques, improvements or intellectual property rights or a breach of this Agreement by ICE Data or any of its Affiliates.

Appears in 10 contracts

Samples: Ice Subscriber Agreement, Ice Subscriber Agreement, Ice Subscriber Agreement

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