Common use of No Warranty and Limitation of Liability Clause in Contracts

No Warranty and Limitation of Liability. OREGON PROVIDES ACCESS TO LICENSED SOFTWARE ON AN "AS IS" BASIS. LICENSEE AGREES TO BEAR ALL RISKS ASSOCIATED WITH THE USE OF LICENSED SOFTWARE. OREGON MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, OREGON MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE (EVEN IF OREGON KNOWS OF SUCH PURPOSE), OR THAT THE USE OF LICENSED SOFTWARE WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS OF THIRD PARTIES. EXCEPT FOR INDEMNITY OBLIGATIONS OR AMOUNTS ACTUALLY DUE FOR PROVISION OF LICENSED SOFTWARE, IN NO EVENT SHALL ANY PARTY'S AGGREGATE LIABILITY UNDER ANY THEORY OR FOR ANY REASON WHATSOEVER EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM LICENSEE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL ANY PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE LICENSED SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE LICENSED SOFTWARE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Warranty and Limitation of Liability. OREGON PROVIDES ACCESS TO LICENSED 6.1. THE SERVICES AND THE SOFTWARE ON AN ARE PROVIDED "AS IS," BASIS. LICENSEE AGREES TO BEAR ALL RISKS ASSOCIATED WITH AND NEITHER TELUS NOR ANYONE ELSE, INCLUDING AMONG OTHERS, ANY OF ITS AFFILIATES LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS, (COLLECTIVELY THE USE OF LICENSED SOFTWARE. OREGON MAKES NO REPRESENTATIONS OR WARRANTIES, "TELUS ENTITIES") MAKE ANY EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, OREGON MAKES NO IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. THE TELUS ENTITIES DO NOT WARRANT THAT ACCESS TO OR USE OF MERCHANTABILITY THE SERVICES WILL BE UNINTERRUPTED OR FITNESS FOR ANY PARTICULAR PURPOSE (EVEN IF OREGON KNOWS OF SUCH PURPOSE)ERROR-FREE, OR THAT THE SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY, ARE EXPRESSLY DISCLAIMED. THIS DISCLAIMER INCLUDES, WITHOUT LIMITATION, LOSS OF DATA RESULTING FROM DELAYS, NON DELIVERIES, WRONG DELIVERIES, AND ANY OR ALL SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF THE TELUS ENTITIES AND THEIR EMPLOYEES, AGENTS, SUPPLIERS, OR CONTRACTORS OR BY THE CUSTOMER'S ERRORS AND OMISSIONS. 6.2. YOUR USE OF LICENSED THE SERVICES AND THE SOFTWARE WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF THIRD PARTIES. EXCEPT FOR INDEMNITY OBLIGATIONS OR AMOUNTS ACTUALLY DUE FOR PROVISION OF LICENSED SOFTWARE, IN NO EVENT SHALL ANY PARTY'S AGGREGATE LIABILITY UNDER ANY THEORY OR FOR ANY REASON WHATSOEVER EXCEED THE AMOUNTS ACTUALLY PAID BY LOSS RESULTING FROM YOUR DOWNLOADING AND/OR DUE USE OF FILES OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM LICENSEE IN THE TWELVE TELUS ENTITIES. YOU AGREE THAT NEITHER THE TELUS ENTITIES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, SUPPLIERS, AND SHAREHOLDERS (12COLLECTIVELY THE "SUBENTITIES") MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL ANY PARTY AND/OR ITS LICENSORS WILL BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVEDAMAGES (INCLUDING CONSEQUENTIAL, SPECIAL, EXEMPLARYAGGRAVATED, INCIDENTAL, CONSEQUENTIAL EXEMPLARY OR OTHER DAMAGES PUNATIVE DAMAGES) OR LOSSES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE LICENSED SERVICES, THE SOFTWARE AND/OR YOUR USE OF THE SERVICES OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR INABILITY TO USE THE LICENSED SOFTWARE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE LICENSED SOFTWARE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENTOTHER GROUNDS, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT ANY TELUS ENTITY OR SUCH PARTY'S LICENSORS HAVE SUBENTITY HAD BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE LIABILITY OF THE TELUS ENTITIES AND THE SUBENTITIES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES AND THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SERVICES DURING THE PREVIOUS MONTH. YOU HEREBY RELEASE THE TELUS ENTITIES, THE SUBENTITIES AND EACH OF THEM FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. 6.3. NONE OF THE TELUS ENTITIES OR SUBENTITIES SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF ANY OF THE TELUS ENTITIES OR SUBENTITIES AND EACH OF THEIR CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE CUSTOMER'S ELECTRONIC MAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES. 6.4. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN THOSE MADE IN WRITING BY AN EXPRESSLY AUTHORIZED OFFICER OF TELUS, IN EVALUATING THE SERVICES, THE SOFTWARE AND/OR PRODUCTS OF TELUS.

No Warranty and Limitation of Liability. OREGON PROVIDES ACCESS TO LICENSED SOFTWARE WE DO NOT GUARANTEE THAT THE WEBSITE OR THE ADEQUACY, COMPLETENESS, OR ACCURACY OF ANY CONTENT, DOCUMENT OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE, THAT THE WEBSITE OR ANY FEATURE OF THE WEBSITE WILL BE UNINTERRUPTED, OR THAT ANY ERRORS, INTERRUPTIONS, OR DEFECTS WILL BE CORRECTED. THE WEBSITE AND THE CONTENT ON THE WEBSITE ARE MADE AVAILABLE ON AN "AS “AS-IS" ” AND “WITH ALL FAULTS” BASIS. LICENSEE AGREES TO BEAR WE EXPRESSLY DISCLAIM ALL RISKS ASSOCIATED WITH THE USE OF LICENSED SOFTWARE. OREGON MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, OREGON MAKES NO REPRESENTATIONS OR INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY A PARTICULAR PURPOSE (EVEN IF OREGON KNOWS OF SUCH PURPOSE). ALTHOUGH WE WILL TAKE REASONABLE PRECAUTIONS TO PROTECT THE WEBSITE AND AVOID DELETION, CORRUPTION, OR UNAUTHORIZED MODIFICATION OF OR ACCESS TO THE WEBSITE, WE MAKE NO REPRESENTATION OR WARRANTY THAT SUCH EFFORTS WILL BE SUCCESSFUL, AND TO THE EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ALL LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE TO PROTECT THE WEBSITE, OR TO AVOID DELETION, CORRUPTION, OR UNAUTHORIZED MODIFICATION OF OR ACCESS TO THE WEBSITE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE USE WEBSITE OR ANY DOWNLOADABLE MATERIAL IS FREE FROM COMPUTER VIRUS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR EQUITY OWNERS, SUBSIDIARIES, AFFILIATES, AND EACH OF LICENSED SOFTWARE WILL THEIR RESPECTIVE MANAGERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS SHALL NOT INFRINGE ANY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS OF THIRD PARTIES. EXCEPT FOR INDEMNITY OBLIGATIONS OR AMOUNTS ACTUALLY DUE FOR PROVISION OF LICENSED SOFTWARE, IN NO EVENT SHALL ANY PARTY'S AGGREGATE LIABILITY UNDER ANY THEORY OR FOR ANY REASON WHATSOEVER EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM LICENSEE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL ANY PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OFCONSEQUENTIAL, OR IN PUNITIVE LOSS, OR DAMAGE ARISING FROM OR RELATED TO ANY WAY CONNECTED WITH USE OF THE LICENSED SOFTWAREWEBSITE, INCLUDING BUT NOT LIMITED TO THE USE TO, LOSS OF PROFITS, LOSS OF BUSINESS OR INABILITY TO USE THE LICENSED SOFTWAREGOODWILL, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE LICENSED SOFTWARE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS LOSS OF CAUSE IN THE CONTENTUSE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY. YOUR SOLE REMEDY AGAINST US, OUR EQUITY OWNERS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE MANAGERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS IN CONNECTION WITH YOUR USE OF THE WEBSITE OR FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT ON THE WEBSITE IS TO STOP USING THE WEBSITE.

No Warranty and Limitation of Liability. OREGON PROVIDES ACCESS TO LICENSED SOFTWARE ON AN "THE PRODUCTS ARE PROVIDED “AS IS" BASIS. LICENSEE AGREES TO BEAR ALL RISKS ASSOCIATED WITH THE USE ” FOR EVALUATION PURPOSES ONLY AND WITHOUT ANY WARRANTY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF LICENSED SOFTWARE. OREGON MAKES NO REPRESENTATIONS FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIESMERCHANTABILITY, AND NON-INFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED. BY WAY NONE OF EXAMPLEBMC, BUT NOT LIMITATIONITS AFFILIATES, OREGON MAKES NO REPRESENTATIONS SUPPLIERS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE (EVEN IF OREGON KNOWS OF SUCH PURPOSE), OR THAT THE USE OF LICENSED SOFTWARE WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS OF THIRD PARTIES. EXCEPT FOR INDEMNITY OBLIGATIONS OR AMOUNTS ACTUALLY DUE FOR PROVISION OF LICENSED SOFTWARE, IN NO EVENT LICENSORS SHALL ANY PARTY'S AGGREGATE LIABILITY UNDER ANY THEORY OR FOR ANY REASON WHATSOEVER EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM LICENSEE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL ANY PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVEINCIDENTAL, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATAPROFITS, REVENUE, PROFITS, DATA OR DATA USE OR OTHER ECONOMIC ADVANTAGE) FROM ANY CAUSE ARISING OUT OF, OF OR IN ANY WAY CONNECTED WITH THE LICENSED SOFTWAREUSE OF THE PRODUCT OR THIS AGREEMENT. BMC’S, INCLUDING BUT NOT IT’S AFFILIATES’, SUPPLIER’S AND LICENSOR’S LIABILITY FOR DAMAGES RESULTING FROM THE USE OF THE PRODUCT OR THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, SHALL BE LIMITED TO THE GREATER OF THE AMOUNT PAID BY USER TO LICENSE THE USE OF THAT PRODUCT OR INABILITY TO USE THE LICENSED SOFTWARE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE LICENSED SOFTWARE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE $500. IN THE CONTENTCOUNTRIES LISTED IN SUBSECTION 9(F), EVEN BELOW, THE LIMITATION OF LIABLITY IN THIS SECTION WILL NOT APPLY IF AND TO THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT EXTENT THAT THE DAMAGE WAS CAUSED BY THE WILLFUL INTENT OR SUCH GROSS NEGLIGENCE OF EITHER PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 무보증 및 책임의 제한. 제품은 평가 목적으로 "있는 그대로"제공되며, 명시 적 또는 묵시적이든 특정 목적에 대한 적합성 또는 상업성 및 타인의 권리 비 침해에 대한 묵시적인 보증을 포함하여 모든 보증이 제한없이 제공됩니다. BMC, 그 계열사, 공급 업체 또는 라이센 스 제공자는 본 계약과 관련하여 발생하거나 발생하는 모든 간접적, 우발적, 특별, 징벌 적 또는 필연적 손해 또는 이익, 매출, 데이터 또는 데이터의 손실에 대해 책임을지지 않습니다. 제품 또는 본 계약의 사용. 계약 또는 불법 행위에 관계없이 제품 또는 본 계약의 사 용으로 인해 발생하는 BMC의 '계열사', 공급 업체 및 라이센스 제공자의 책임은 제품 또는 $ 500의 사용을 라이센스하기 위해 사용자 가 지불 한 금액의 상당 부분으로 제한됩니다 . 아래 제 9 (F) 항에 나열된 국가에서 본 절의 책임 제한은 적용되지 않으며 해당 손해가 제 3 자의 과실로 인해 발생했거나 귀하의 과실로 인해 발생한 경우는 예외로합니다.

No Warranty and Limitation of Liability. OREGON 4.1 AS FAR AS PERMITTED BY APPLICABLE LAW: SBRE OR ITS LICENSORS PROVIDES ACCESS TO LICENSED THE SOFTWARE ON AN "“AS IS" BASIS. LICENSEE AGREES TO BEAR ALL RISKS ASSOCIATED WITH ”, AND DOES NOT WARRANT THAT THE USE OF LICENSED THE SOFTWARE, FUNCTIONALITY, THE OPERATION AND/OR CONTENT WILL BE: UNINTERRUPTED, ACCURATE, COMPLETE, FREE FROM ANY SOFTWARE VIRUS OR OTHER HARMFUL COMPONENT. OREGON MAKES NO REPRESENTATIONS SBRE OR WARRANTIESITS LICENSORS DOES NOT WARRANT THE INTERNAL CHARACTERISTICS, THE COMPATIBILITY OF THE SOFTWARE WITH OTHER SOFTWARE, THE ACCURACY, ADEQUACY, OR COMPLETENESS OF SOFTWARE AND ITS RESULT AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS. SBRE OR ITS LICENSORS DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. BY WAY , INCLUDING THOSE OF EXAMPLE, BUT NOT LIMITATION, OREGON MAKES NO REPRESENTATIONS PERFORMANCE OR WARRANTIES OF MERCHANTABILITY OR RELIABILITY USEFULNESS OR FITNESS FOR ANY A PARTICULAR PURPOSE (EVEN IF OREGON KNOWS OF SUCH PURPOSE), OR THAT WITH RESPECT TO THE USE OF LICENSED SOFTWARE WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS OF THIRD PARTIES. EXCEPT FOR INDEMNITY OBLIGATIONS OR AMOUNTS ACTUALLY DUE FOR PROVISION OF LICENSED SOFTWARE, AND ITS RESULTS. 4.2 IN NO EVENT SHALL ANY PARTY'S AGGREGATE LIABILITY UNDER ANY THEORY OR FOR ANY REASON WHATSOEVER EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM LICENSEE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL ANY PARTY AND/WILL SBRE OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVEINCIDENTAL, SPECIAL, EXEMPLARYPUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCIDENTALINCLUDING, CONSEQUENTIAL OR OTHER WITHOUT LIMITATION, DAMAGES OF ANY TYPE OR KIND (INCLUDING RESULTING FROM LOSS OF DATA, REVENUE, PROFITS, USE DATA OR OTHER ECONOMIC ADVANTAGE) USE, ARISING OUT OFOF OR IN CONNECTION WITH THE LICENSEE USE OF THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR IN ANY WAY CONNECTED WITH THE LICENSED SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE LICENSED SOFTWARE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, OTHERWISE AND EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT SBRE OR SUCH PARTY'S ITS LICENSORS HAVE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. . TO THE MAXIMUM EXTENT PERMITTED BY LAW, SBRE’S OR ITS LICENSORS’ CUMULATIVE LIABILITY FOR ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT, SHALL NOT EXCEED 100 € (ONE HUNDRED EUROS). THESE LIMITATIONS SHALL APPLY EVEN IF SBRE HAS BEEN ADVISED OF THE POSSIBILITY OF THE LIABILITY EXCEEDING THE AMOUNT.

No Warranty and Limitation of Liability. OREGON PROVIDES ACCESS TO LICENSED THE SOFTWARE ON AN "IS PROVIDED “AS IS" BASIS. LICENSEE AGREES TO BEAR ”, AND AKAMAI, ALL RISKS ASSOCIATED WITH OF AKAMAI’S SUB-CONTRACTORS AND LICENSORS, AND THE USE PROVIDERS OF LICENSED SOFTWARE. OREGON MAKES NO REPRESENTATIONS OR WARRANTIESTHE VIDEO AND AUDIO CONTENT THAT THE COMPANY ACCESSES AND VIEWES USING THE SOFTWARE (“CONTENT PROVIDERS”), EXPRESS DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THE SOFTWARE EITHER EXPRESSED OR IMPLIED. BY WAY , INCLUDING WITHOUT LIMITATIONS WARRANTIES AND CONDITIONS OF EXAMPLE, BUT NOT LIMITATION, OREGON MAKES NO REPRESENTATIONS OR WARRANTIES TITLE AND NON-INFRINGEMENT OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE (EVEN IF OREGON KNOWS OF SUCH PURPOSE), OR THAT THE USE OF LICENSED SOFTWARE WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS OF THIRD PARTIESPARTIES AND IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR INDEMNITY OBLIGATIONS AS THE SOFTWARE IS PROVIDED TO THE COMPANY AT NO CHARGE, THE COMPANY AGREES THAT ANY USE OF THE SOFTWARE IS AT ITS OWN RISK, AND NEITHER AKAMAI, ITS SUBCONTRACTORS OR AMOUNTS ACTUALLY DUE FOR PROVISION OF LICENSED SOFTWAREITS LICENSORS, IN NO EVENT SHALL ANY PARTY'S AGGREGATE LIABILITY UNDER ANY THEORY OR THE CONTENT PROVIDERS WILL BE LIABLE FOR ANY REASON WHATSOEVER EXCEED DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OR CORRUPTION OF DATA (INCLUDING BROADCASTED CONTENT FOR WHICH THE AMOUNTS ACTUALLY PAID BY AND/COMPANY HAS PAID), LOST PROFITS, LOST SAVINGS OR DUE FROM LICENSEE IN ANY OTHER INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER FINANCIAL DAMAGES, EVEN IF AKAMAI OR THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING CONTENT PROVIDER WAS INFORMED OF THEIR POSSIBILITY. THE EVENT GIVING RISE COMPANY IS REQUESTED TO SUCH CLAIM. IN NO EVENT SHALL ANY PARTY VERIFY ITS WORK AND MAKE BACK-UP COPIES, AND AKAMAI, ITS SUBCONTRACTORS AND/OR ITS LICENSORS, AND THE CONTENT PROVIDERS WILL NOT BE RESPONSIBLE FOR ITS FAILURE TO DO SO. AKAMAI, ITS SUB-CONTRACTORS AND LICENSORS AND THE CONTENT PROVIDERS DO NOT WARRANT THAT THE SOFTWARE (AND/OR THE SYSTEMS IN WHICH THE SOFTWARE IS IMPLEMENTED OR WITH WHICH IT COMMUNICATES) WILL ALWAYS BE LIABLE ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES AKAMAI OR THE CONTENT PROVIDERS WARRANT ANY CONNECTION TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OFTRANSMISSION FROM THE INTERNET, OR IN ANY WAY CONNECTED WITH THE LICENSED SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, OR FOR ANY CONTENT OBTAINED FROM OR QUALITY OF STREAMING MADE THROUGH THE LICENSED SOFTWARE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.