Nature of Claims and Failure of Essential Purpose. The Parties agree that the waivers and limitations specified in this Section 7 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 14 contracts
Samples: Master Software License and Subscription Agreement, Master Software License and Subscription Agreement, Master Software Licence and Subscription Agreement
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 12 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, otherwise and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 5 contracts
Samples: Master Services Agreement, Reseller Agreement, Master Services Agreement
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 10 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, otherwise and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 4 contracts
Samples: End User License Agreement, Software End User License Agreement, Software End User License Agreement
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 9 apply regardless of the form of action, whether in contractcontact, tort (including negligence), strict liability or otherwise, otherwise and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 2 contracts
Samples: Terms of Service, Terms of Service
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 14 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, otherwise and will survive and apply even if any limited remedy specified in this Agreement these Terms is found to have failed of its essential purpose.
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 11 apply regardless of the form of action, whether in contractcontact, tort (including negligence), strict liability or otherwise, otherwise and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 2 contracts
Samples: Subscription Terms of Service, Online Subscription Agreement
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 15 (Limitations of Liability) apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, otherwise and will survive and apply even if any limited remedy specified in this the Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: License Agreement
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 12 (Limitations of Liability) apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, otherwise and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: Software License Agreement
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 9 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, otherwise and will survive and apply even if any limited remedy specified in this Agreement these Terms is found to have failed of its essential purpose.
Appears in 1 contract
Samples: General Terms and Conditions
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 15 (Limitations of Liability) apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, otherwise and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: End User License Agreement
Nature of Claims and Failure of Essential Purpose. The Parties agree that the waivers and limitations specified in this Section 7 10 (Limitation of Liability) apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, otherwise and will survive and apply even if any limited remedy specified in this Agreement is these Terms are found to have failed of its essential purpose.
Appears in 1 contract
Samples: Online Reseller Terms
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 8 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, otherwise and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: Software End User License Agreement
Nature of Claims and Failure of Essential Purpose. The Parties agree that the waivers and limitations specified in this Section 7 Clause 12 (Limitation of Liability) apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, otherwise and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: License Agreement
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 15 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, otherwise and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: Master Subscription Agreement
Nature of Claims and Failure of Essential Purpose. The Parties parties agree that the waivers and limitations specified in this Section 7 6 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, otherwise and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Appears in 1 contract
Samples: Marketplace License Agreement