No Consequential or Other Damages. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICES, PHONES OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
No Consequential or Other Damages. UNDER NO CIRCUMSTANCES ARE EITHER YOU OR CENTURYLINK LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH SERVICES OR PRODUCTS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE, LOSS OF OPPORTUNITY, OR COST OF REPLACEMENT SERVICES.
No Consequential or Other Damages. Notwithstanding anything else to the contrary contained in this Agreement, no Indemnifying Party shall be liable to or otherwise responsible for consequential, incidental, special or punitive damages or lost profits.
No Consequential or Other Damages. Under no circumstances is CenturyLink liable for any incidental, consequential, indirect, punitive or special damages of any kind arising out of or in connection with the Service, Software, or Equipment, whether in contract, tort, strict liability, or otherwise, including, without limitation, lost profits or revenue, loss of opportunity, or cost of replacement services.
No Consequential or Other Damages. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Tesla, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Tesla's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 12 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Tesla's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this XXXX or for any other liability relating to the Software shall be, at Tesla's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Tesla with a copy of your receipt. You will receive the remedy elected by Tesla without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to Tesla). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Tesla will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Tesla's warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by Tesla are available without proof of purchase from an authorized international source.
No Consequential or Other Damages. UNDER NO CIRCUMSTANCES IS ATMC LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICES, PHONES OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
No Consequential or Other Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXPRESS OR IMPLIED, (1) I-PRO AMERICAS’S LIABILITY FOR ANY CLAIM OR ACTION OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, TRANSFER, USE OR REPAIR OF THE SOFTWARE OR SERVICES RENDERED BY I-PRO AMERICAS UNDER THIS LICENSE AGREEMENT SHALL NOT EXCEED THE PRICE, IF ANY, YOU PAID FOR THE SOFTWARE OR $5.00, WHICHEVER IS GREATER; AND (2) I-PRO AMERICAS SHALL IN NO EVENT BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR CONTINGENT LIABILITIES ARISING OUT OF THIS LICENSE AGREEMENT OR THE FAILURE OF THE SOFTWARE TO OPERATE PROPERLY, INCLUDING BUT NOT LIMITED TO ANY DAMAGE OCCASIONED BY DELAY, DOWNTIME, LOST BUSINESS OPPORTUNITY, LOSS OF CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, LOST PROFITS OR OTHERWISE (NOTWITHSTANDING THE CAUSE OF SUCH DAMAGE AND WHETHER OR NOT CAUSED BY I-PRO AMERICAS’S NEGLIGENCE, FAULT OR STRICT LIABILITY). CUSTOMER ASSUMES THE RISK FOR AND INDEMNIFIES I-PRO AMERICAS FROM AND AGAINST ALL LIABILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF, CONNECTED WITH OR RESULTING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR THE POSSESSION, USE OR APPLICATION OF THE SOFTWARE, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS. I-PRO AMERICAS ASSUMES NO RESPONSIBILITY OR LIABILITY, WHETHER EXPRESS OR IMPLIED, WHETHER IN TORT OR IN CONTRACT, AS TO THE CAPACITY OF THE SOFTWARE TO SATISFY THE REQUIREMENT OF ANY LAW, RULE, SPECIFICATION, OR CONTRACT PERTAINING THERETO, INCLUDING, BUT NOT LIMITED TO, ANY CONTRACT BETWEEN ANY CUSTOMER OF ITS PRODUCTS AND PARTIES WITH WHOM SUCH CUSTOMER HAS CONTRACTED.
No Consequential or Other Damages. Notwithstanding anything to the contrary contained in this Agreement, no Acquiror Indemnified Party shall be entitled to recover under this Agreement consequential, incidental, special, punitive or exemplary damages of any kind or nature, regardless of the form of action through which such damages are sought, other than any such amounts that may be payable in connection with any Third Party Claim.
No Consequential or Other Damages. UNDER NO CIRCUMSTANCES IS EMBARQ COMMUNICATIONS, INC. LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICES, PHONES OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
No Consequential or Other Damages. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICES, OR OTHER EQUIPMENT USED IN CONNECTION WITH SERVICES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
