LIMITATIONS OF MANUFACTURER’S/RETAILER’S LIABILITY Sample Clauses

LIMITATIONS OF MANUFACTURER’S/RETAILER’S LIABILITY. 8.1 Unless otherwise provided by Xxx, the Customer agrees that the maximum limitation of Manufacturer’s liability, or of Retailer’s liability – in the event of the latter being a legal person different from the Manufacturer – for assessed damage of any kind or in any capacity caused by or connected with a malfunction of the Program, should be established as follows:
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LIMITATIONS OF MANUFACTURER’S/RETAILER’S LIABILITY. 7.1 Unless otherwise provided by Law, the Customer agrees that the maximum limitation of Manufacturer’s liability and/or of Retailer’s liability – in the event of the latter being a legal person different from the Manufacturer – for assessed damage of any kind or in any capacity caused by or connected with the Maintenance Service of the Program, will imply the refund of 50% of the amount paid by the Customer, in the last Service year, as a fee for the Maintenance Service of the application form containing the program that caused the damage, in addition to a fee for the average number of Users of the Customer who actually use the application form that caused the damage, up to 10 Users. The right to compensation for any greater damage remains excluded.

Related to LIMITATIONS OF MANUFACTURER’S/RETAILER’S LIABILITY

  • Limitations of contractual liability No Party shall be responsible to any other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, provided such damage was not caused by a willful act or by a breach of confidentiality. For any remaining contractual liability, a Party’s aggregate liability towards the other Parties collectively shall be limited to the Party’s share of the total costs of the Project as identified in Project Contract, provided such damage was not caused by a willful act or gross negligence. The terms of the Partnership Agreement shall not be construed to amend or limit any Party’s statutory liability.

  • Manufacturer’s Warranty The Goods include the manufacturer’s standard limited parts warranty to replace defective parts covered under such warranty exclusive of labor. Labor is warranted by the Elevator Contractor for 90 days following installation. The manufacturer’s parts warranty may require that the Goods be maintained throughout the warranty period by an authorized manufacturer’s representative under a separate maintenance contract. Any warranty is conditioned on written notice to the Elevator Contractor within warranty period and contingent upon receipt of final payment to Elevator Contractor.

  • Limitations of Use The Services and Atlantic Broadband Equipment, including any firmware or software embedded in Atlantic Broadband Equipment or used to provide the Services, are protected by trademark, copyright, and/or other intellectual property laws and international treaty provisions. You are granted a limited, non-sublicensable, non- transferable, revocable license to use such firmware and software in object code form (without making any modification thereto) strictly in accordance with the Agreement. You acknowledge and understand that you are not granted any other license to use the firmware or software embedded in Atlantic Broadband Equipment or used to provide the Services. You expressly agree that you will use Atlantic Broadband Equipment exclusively in connection with the Services. You shall not reverse, compile, disassemble, or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software. If you decide to use the Services through an interface device not provided by Atlantic Broadband, which Atlantic Broadband reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights to use that interface device with the Services, including all software and firmware licenses. You will indemnify and hold harmless Atlantic Broadband against any and all liability arising out of your use of such interface device with the Services.

  • Manufacturers’ Warranties If a Lease Vehicle is covered by a Manufacturer’s warranty, the Lessee, during the Vehicle Term for such Lease Vehicle, shall have the right to make any claims under such warranty that the Lessor could make.

  • Commercial General Liability and Business Auto Liability will be endorsed to provide primary and non-contributory coverage The Commercial General Liability Additional Insured endorsement will include on-going and completed operations and will be submitted with the

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