Common use of Remedies; Limitation of Liability Clause in Contracts

Remedies; Limitation of Liability. We are not liable for any damages related to a Contractor's failure to remove an excerpt or preview of the Work or update the version of the Work subject to this Agreement during its Term, provided that We have given notice of the requested change to such Contractor. We will not be liable to You for copyright infringement, or in any other way, for the failure of a retailer or Contractor to cease the production, sale and distribution of the Work to remove an excerpt or preview of the Work after this Agreement is terminated, provided that We have given notice of the requested change to such Contractor. We will continue to pay Royalties for any sales made by Us or Our Contractors after the termination of this Agreement. In the event that We publish the Work in any format other than the format selected and purchased by You, Your sole remedy will be the payment of Royalties on any sale of the Work in the non-selected format; and, upon written notice from You, We will delist and request Our Contractors to delist such version. The Parties intend that the payment of Royalties if a sale of the Work occurs after this Agreement is terminated or if the Work is published in a non-selected format constitutes Liquidated Damages and compensation, but not a penalty. The Parties acknowledge and agree that any harm to You caused by the publication of the Work in an non—selected format or a sale of the Work after this Agreement is terminated would be impossible or very difficult to accurately estimate at the time of making of this Agreement and at the time of such event occurs, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise. Our payment of the Liquidated Damages is Our sole liability and entire obligation, as well as Your exclusive remedy if such a sale or publication occurs. IN NO EVENT WILL OUR OR OUR CONTRACTORS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO US BY YOU FOR THE APPLICABLE SERVICES. The exclusions and limitations in this Section will not apply to damages or other liabilities arising out of Our or Our Contractors’ gross negligence or willful or intentional misconduct.

Remedies; Limitation of Liability. We are not liable for any damages related to a Contractor's failure to remove an excerpt advertisement, listing, excerpt, or preview of the Work Work; or to update the version of the Work W ork subject to this Agreement during its Term, provided that We W e have given notice of the requested change to such Contractor. We W e will not be liable to You for copyright infringement, or in any other way, for the failure of a retailer or Contractor to cease the production, sale and distribution of the Work Work, or to remove an excerpt advertisement, listing, excerpt, or preview of the Work Work, after this Agreement is terminated, provided that We W e have given notice of the requested change to such Contractor. We W e will continue to pay Royalties for any sales made by Us or Our Contractors after the termination of this Agreement. In the event that We W e publish the Work W ork in any format other than the format selected and purchased by You, Your sole remedy will be the payment of Royalties on any sale of the Work W ork in the non-selected format; and, upon written notice from You, We W e will delist and request that Our Contractors to delist such version. The Parties intend that the payment of Royalties if a sale of the Work W ork occurs after this Agreement is terminated or if the Work W ork is published in a non-selected format constitutes Liquidated Damages and compensation, but not a penalty. The Parties acknowledge and agree that any harm to You caused by the publication of the Work W ork in an non—selected format or a sale of the Work W ork after this Agreement is terminated would be impossible or very difficult to accurately estimate at the time of making of this Agreement and at the time of such event occurs, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise. Our payment of the Liquidated Damages is Our sole liability and entire obligation, as well as Your exclusive remedy if such a sale or publication occurs. IN NO EVENT WILL W ILL OUR OR OUR CONTRACTORS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER W HETHER ARISING OUT OF OR RELATED TO COPYRIGHT INFRINGEMENTINFRINGEMENT OR MISAPPROPRIATION OF COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE) OR OTHERWISEOTHERW ISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO US BY YOU FOR THE APPLICABLE SERVICES, W ITH THE EXCEPTION OF CLAIMS FOR ROYALTIES, THE AGGREGATE LIABILITY FOR W HICH SHALL NOT EXCEED THE ACTUAL AMOUNT OF ROYALTIES DUE TO YOU UNDER THIS AGREEMENT. The exclusions and limitations in this Section will not apply to damages or other liabilities arising out of Our or Our Contractors’ gross negligence or willful or intentional misconduct.

Remedies; Limitation of Liability. We are not liable for any damages related to a Contractor's failure to remove an excerpt advertisement, listing, excerpt, or preview of the Work Work; or to update the version of the Work W ork subject to this Agreement during its Term, provided that We W e have given notice of the requested change to such Contractor. We W e will not be liable to You for copyright infringement, or in any other way, for the failure of a retailer or Contractor to cease the production, sale and distribution of the Work W ork, or to remove an excerpt advertisement, listing, excerpt, or preview of the Work Work, after this Agreement is terminated, provided that We W e have given notice of the requested change to such Contractor. We W e will continue to pay Royalties for any sales made by Us or Our Contractors after the termination of this Agreement. In the event that We W e publish the Work W ork in any format other than the format selected and purchased by You, Your sole remedy will be the payment of Royalties on any sale of the Work W ork in the non-selected format; and, upon written notice from You, We W e will delist and request that Our Contractors to delist such version. The Parties intend that the payment of Royalties if a sale of the Work W ork occurs after this Agreement is terminated or if the Work W ork is published in a non-selected format constitutes Liquidated Damages and compensation, but not a penalty. The Parties acknowledge and agree that any harm to You caused by the publication of the Work W ork in an non—selected format or a sale of the Work W ork after this Agreement is terminated would be impossible or very difficult to accurately estimate at the time of making of this Agreement and at the time of such event occurs, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise. Our payment of the Liquidated Damages is Our sole liability and entire obligation, as well as Your exclusive remedy if such a sale or publication occurs. IN NO EVENT WILL W ILL OUR OR OUR CONTRACTORS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER W HETHER ARISING OUT OF OR RELATED TO COPYRIGHT INFRINGEMENTINFRINGEMENT OR MISAPPROPRIATION OF COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE) OR OTHERWISEOTHERW ISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO US BY YOU FOR THE APPLICABLE SERVICES, W ITH THE EXCEPTION OF CLAIMS FOR ROYALTIES, THE AGGREGATE LIABILITY FOR W HICH SHALL NOT EXCEED THE ACTUAL AMOUNT OF ROYALTIES DUE TO YOU UNDER THIS AGREEMENT. The exclusions and limitations in this Section will not apply to damages or other liabilities arising out of Our or Our Contractors’ gross negligence or willful or intentional misconduct.

Remedies; Limitation of Liability. We are not liable for any damages related to a Contractor's failure to remove an excerpt or preview of the Work or update the version of the Work subject to this Agreement during its Term, provided that We have given notice of the requested change to such Contractor. We will not be liable to You for copyright infringement, or in any other way, for the failure of a retailer or Contractor to cease the production, sale and distribution of the Work to remove an excerpt or preview of the Work after this Agreement is terminated, provided that We have given notice of the requested change to such Contractor. We will continue to pay Royalties for any sales made by Us or Our Contractors after the termination of this Agreement. In the event that We publish the Work in any format other than the format selected and purchased by You, Your sole remedy will be the payment of any Royalties on any sale of the Work in the non-selected format; and, format and upon written notice from You, You will We will seek to delist and request Our Contractors to delist such version. The Parties intend that the payment of Royalties if a sale of the Work occurs after this Agreement is terminated or if the Work is in published in a non-selected format constitutes Liquidated Damages and compensation, but not a penalty. The Parties acknowledge and agree that any harm to You caused by the publication of the Work in an non—selected format or a sale of the Work after this Agreement is terminated would be impossible or very difficult to accurately estimate at the time of making of this Agreement and at the time of such event occurs, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise. Our payment of the Liquidated Damages is Our sole liability and entire obligation, as well as Your exclusive remedy if such a sale or publication occurs. IN NO EVENT WILL OUR OR OUR CONTRACTORS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO US BY YOU FOR THE APPLICABLE SERVICES. The exclusions and limitations in this Section will not apply to damages or other liabilities arising out of Our or Our Contractors’ gross negligence or willful or intentional misconduct.

Remedies; Limitation of Liability. We are not liable for any damages related to a Contractor's failure to remove an excerpt or preview of the Work or update the version of the Work subject to this Agreement during its Term, provided that We have given notice of the requested change to such Contractor. We will not be liable to You for copyright infringement, or in any other way, for the failure of a retailer or Contractor to cease the production, sale and distribution of the Work to remove an excerpt or preview of the Work after this Agreement is terminated, provided that We have given notice of the requested change to such Contractor. We will continue to pay Royalties for any sales made by Us or Our Contractors after the termination of this Agreement. In the event that We publish the Work in any format other than the format selected and purchased by You, Your sole remedy will be the payment of Royalties on any sale of the Work in the non-selected format; and, upon written notice from You, We will delist and request Our Contractors to delist such version. The Parties intend that the payment of Royalties if a sale of the Work occurs after this Agreement is terminated or if the Work is published in a non-selected format constitutes Liquidated Damages and compensation, but not a penalty. The Parties acknowledge and agree that any harm to You caused by the publication of the Work in an non—selected format or a sale of the Work after this Agreement is terminated would be impossible or very difficult to accurately estimate at the time of making of this Agreement and at the time of such event occurs, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise. Our payment of the Liquidated Damages is Our sole liability and entire obligation, as well as Your exclusive remedy if such a sale or publication occurs. IN NO EVENT WILL OUR OR OUR CONTRACTORS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO US BY YOU FOR THE APPLICABLE SERVICES, WITH THE EXCEPTION OF CLAIMS FOR ROYALTIES, THE AGGREGATE LIABILITY FOR WHICH SHALL NOT EXCEED THE ACTUAL AMOUNT OF ROYALTIES DUE TO YOU UNDER THIS AGREEMENT. The exclusions and limitations in this Section will not apply to damages or other liabilities arising out of Our or Our Contractors’ gross negligence or willful or intentional misconduct.

Remedies; Limitation of Liability. We are not liable for any damages related to a Contractor's failure to remove an excerpt advertisement, listing, excerpt, or preview of the Work Work; or to update the version of the Work subject to this Agreement during its Term, provided that We have given notice of the requested change to such Contractor. We will not be liable to You for copyright infringement, or in any other way, for the failure of a retailer or Contractor to cease the production, sale and distribution of the Work Work, or to remove an excerpt advertisement, listing, excerpt, or preview of the Work Work, after this Agreement is terminated, provided that We have given notice of the requested change to such Contractor. We will continue to pay Royalties for any sales made by Us or Our Contractors after the termination of this Agreement. In the event that We publish the Work in any format other than the format selected and purchased by You, Your sole remedy will be the payment of Royalties on any sale of the Work in the non-selected format; and, upon written notice from You, We will delist and request that Our Contractors to delist such version. The Parties intend that the payment of Royalties if a sale of the Work occurs after this Agreement is terminated or if the Work is published in a non-selected format constitutes Liquidated Damages and compensation, but not a penalty. The Parties acknowledge and agree that any harm to You caused by the publication of the Work in an non—selected format or a sale of the Work after this Agreement is terminated would be impossible or very difficult to accurately estimate at the time of making of this Agreement and at the time of such event occurs, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise. Our payment of the Liquidated Damages is Our sole liability and entire obligation, as well as Your exclusive remedy if such a sale or publication occurs. IN NO EVENT WILL OUR OR OUR CONTRACTORS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO COPYRIGHT INFRINGEMENTINFRINGEMENT OR MISAPPROPRIATION OF COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO US BY YOU FOR THE APPLICABLE SERVICES, WITH THE EXCEPTION OF CLAIMS FOR ROYALTIES, THE AGGREGATE LIABILITY FOR WHICH SHALL NOT EXCEED THE ACTUAL AMOUNT OF ROYALTIES DUE TO YOU UNDER THIS AGREEMENT. The exclusions and limitations in this Section will not apply to damages or other liabilities arising out of Our or Our Contractors’ gross negligence or willful or intentional misconduct.

Remedies; Limitation of Liability. We and/or Our Affiliates are not liable for any damages related to a Contractor's failure to remove an excerpt or preview of the Work or update the version of the Work subject to this Agreement during its Term, provided that We have given following notice of the requested change to such Contractor. We will and/or Our Affiliates are not be liable to You for copyright infringement, or in any other way, for the failure of a retailer or Contractor to cease the production, sale and distribution of the Work to remove an excerpt or preview of the Work after this Agreement is terminated, provided that We have given following notice of the requested change to such Contractor. We will continue to pay Royalties for any sales made by Us or Our Contractors after the termination of this Agreement. In the event that We publish the Work in any format other than the format selected and purchased by You, Your sole remedy will be the payment of Royalties on any sale of the Work in the non-selected format; and, upon written notice from You, We will delist and request Our Contractors to delist such version. The Parties parties intend that the payment of Royalties if a sale of the Work occurs after this Agreement is terminated or if the Work is published in a non-selected format constitutes Liquidated Damages and compensation, but not a penalty. The Parties acknowledge and agree that any harm to You caused by the publication of the Work in an non—selected format or a sale of the Work after this Agreement is terminated would be impossible or very difficult to accurately estimate at the time of making of this Agreement and at the time of such event occurs, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise. Our payment of the Liquidated Damages is Our sole liability and entire obligation, as well as Your exclusive remedy if such a sale or publication occurs. IN NO EVENT WILL OUR OR OUR CONTRACTORS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO US BY YOU FOR THE APPLICABLE SERVICES. The exclusions and limitations in this Section will not apply to damages or other liabilities arising out of Our or Our Contractors’ gross negligence or willful or intentional misconduct.

Remedies; Limitation of Liability. We are not liable for any damages related to a Contractor's failure to remove an excerpt advertisement, listing, excerpt, or preview of the Work Work, or to update the version of the Work W ork subject to this Agreement during its Term, provided that We W e have given notice of the requested change to such Contractor. We W e will not be liable to You for copyright infringement, or in any other way, for the failure of a retailer or Contractor to cease the production, sale and distribution of the Work W ork, or to remove an excerpt advertisement, listing, excerpt, or preview of the Work Work, after this Agreement is terminated, provided that We W e have given notice of the requested change to such Contractor. We W e will continue to pay Royalties for any sales made by Us or Our Contractors after the termination of this Agreement. In the event that We W e publish the Work W ork in any format other than the format selected and purchased by You, Your sole remedy will be the payment of Royalties on any sale of the Work W ork in the non-selected format; and, upon written notice from You, We W e will delist and request that Our Contractors to delist such version. The Parties intend that the payment of Royalties if a sale of the Work W ork occurs after this Agreement is terminated or if the Work W ork is published in a non-selected format constitutes Liquidated Damages and compensation, but not a penalty. The Parties acknowledge and agree that any harm to You caused by the publication of the Work W ork in an non—selected format or a sale of the Work W ork after this Agreement is terminated would be impossible or very difficult to accurately estimate at the time of making of this Agreement and at the time of such event occurs, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise. Our payment of the Liquidated Damages is Our sole liability and entire obligation, as well as Your exclusive remedy if such a sale or publication occurs. IN NO EVENT WILL W ILL OUR OR OUR CONTRACTORS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER W HETHER ARISING OUT OF OR RELATED TO COPYRIGHT INFRINGEMENTINFRINGEMENT OR MISAPPROPRIATION OF COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE) OR OTHERWISEOTHERW ISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO US BY YOU FOR THE APPLICABLE SERVICES, W ITH THE EXCEPTION OF CLAIMS FOR ROYALTIES, THE AGGREGATE LIABILITY FOR W HICH SHALL NOT EXCEED THE ACTUAL AMOUNT OF ROYALTIES DUE TO YOU UNDER THIS AGREEMENT. The exclusions and limitations in this Section will not apply to damages or other liabilities arising out of Our or Our Contractors’ gross negligence or willful or intentional misconduct.

Remedies; Limitation of Liability. We are not liable for any damages related to a Contractor's failure to remove an excerpt advertisement, listing, excerpt, or preview of the Work W ork or to update the version of the Work W ork subject to this Agreement during its Term, provided that We W e have given notice of the requested change to such Contractor. We W e will not be liable to You for copyright infringement, or in any other way, for the failure of a retailer or Contractor to cease the production, sale and distribution of the Work W ork, or to remove an excerpt advertisement, listing, excerpt, or preview of the Work W ork, after this Agreement is terminated, provided that We W e have given notice of the requested change to such Contractor. We W e will continue to pay Royalties for any sales made by Us or Our Contractors after the termination of this Agreement. If Our ability to fulfill Services becomes impaired or impossible, W e may change or discontinue provision of any individual Service or group of Services without prior notice: (a) to comply with applicable legal requirements; (b) in the event of the cessation or change to Our contract with a contractor impacting the Services that W e are obliged to fulfill for You; (c) due to any other adverse economic circumstance which renders the supply of any Service uneconomical for Us; (d) in the event of a cancellation, postponement, or other change with respect to a scheduled event; (e) in the event of a failure by Us, whether temporary or permanent, to maintain adequate staffing or equipment to support such Service during the applicable time period; or (f) due to a Force Majeure Event. Your remedies if You object to any change to a Service You purchased are outlined in Section 4 (Termination & Refunds). Despite Our efforts, Our ability to deliver Services is influenced by many factors beyond Our control. For this reason, W e do not guarantee, and shall not be liable for, failing to provide any Service by any desired deadline. In the event that We W e publish the Work in any format other than the format selected and purchased by You, Your sole remedy will be the payment of Royalties on any sale of the Work W ork in the non-selected format; and, upon written notice from You, We W e will delist and request that Our Contractors to delist such version. The Parties intend that the payment of Royalties if a sale of the Work W ork occurs after this Agreement is terminated or if the Work W ork is published in a non-selected format constitutes Liquidated Damages and compensation, but not a penalty. The Parties acknowledge and agree that any harm to You caused by the publication of the Work W ork in an non—selected format or a sale of the Work W ork after this Agreement is terminated would be impossible or very difficult to accurately estimate at the time of making of this Agreement and at the time of such event occurs, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise. Our payment of the Liquidated Damages is Our sole liability and entire obligation, as well as Your exclusive remedy if such a sale or publication occurs. IN NO EVENT WILL W ILL OUR OR OUR CONTRACTORS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER W HETHER ARISING OUT OF OR RELATED TO COPYRIGHT INFRINGEMENTINFRINGEMENT OR MISAPPROPRIATION OF COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS, BREACH OF CONTRACT, TORT (INCLUDING LIBEL AND NEGLIGENCE) OR OTHERWISEOTHERW ISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO US BY YOU FOR THE APPLICABLE SERVICES, W ITH THE EXCEPTION OF CLAIMS FOR ROYALTIES, THE AGGREGATE LIABILITY FOR W HICH SHALL NOT EXCEED THE ACTUAL AMOUNT OF ROYALTIES DUE TO YOU UNDER THIS AGREEMENT. The exclusions and limitations in this Section will not apply to damages or other liabilities arising out of Our or Our Contractors’ gross negligence or willful or intentional misconduct.