Common use of Nature of Claims and Failure of Essential Purpose Clause in Contracts

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

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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

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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

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