Limitation of Liability. Beierholm is responsible for the Services provided under the Agreement in accordance with the general rules of Danish law.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA OR INFORMATION, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF THIS AGREEMENT AND/OR YOUR USE OR INABILITY TO USE THE SERVICE, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPLE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation of Liability. Except for (i) each Party’s indemnification obligations under this Agreement, (ii) death or bodily injury caused by a Party’s negligence; (iii) breach of Section 8.8; and (iv) Customer’s violation of Xxxx’x intellectual
Limitation of Liability. Sections 4.1 to 4.3 of the Agreement are not applicable. Instead, subject to the provisions in 1.4.2 below, Qlik's statutory liability for damages shall be limited as follows:
1.4.1. Qlik shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation (i.e. a contractual obligation the fulfilment of which is essential for the proper execution of this Agreement, the breach of which endangers the purpose of this Agreement and on the fulfilment of which the Customer regularly relies).
1.4.2. Qlik shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act, liability for assuming a specific guarantee, liability for damages caused by willful misconduct or gross negligence, or any kind of willfully or negligently caused personal injuries, death or damages to health.
1.4.3. Customer shall take all reasonable measures to avoid and reduce damages, in particular, to make back-up copies of data on a regular basis and to carry out security checks for the purpose of defending or detecting viruses and other disruptive programs within Customer's IT system.
1.4.4. Regardless of the grounds giving rise to liability, Qlik shall not be liable for indirect and/or consequential damages, including loss of profits or interest, unless such damage has been caused by Qlik’s willful misconduct or gross negligence.
1.4.5. To the extent Qlik's liability is limited or excluded, the same shall apply in respect of any personal liability of Qlik's legal representatives, employees, suppliers, resellers and vicarious agents.
1.4.6. For kunder med ubegrænsede licenser slutter kun retten til at modtage Support ved afslutning af Aftalen.
Limitation of Liability. Xxxxxxx'x liability for loss or damage shall in any event be limited to 25 per cent of the purchase price paid by the Buyer for the product to which the claim is related. Regardless of the amount of the purchase price, Xxxxxxx'x total liability shall never exceed DKK 250,000.00.
Limitation of Liability. Except for: (i) each Party’s indemnification obligations under this Agreement, (ii) death or bodily injury caused by a Party’s negligence; (iii) Customer’s payment obligations; and (iv) Customer’s violation of Qlik’s intellectual property rights, each Party’s maximum, cumulative liability for any claims, losses, costs (including attorney’s fees) and other damages arising under or related to this Agreement, regardless of the form of action, whether in contract, tort (including negligence or strict liability) or otherwise, will be limited to actual damages incurred, and will in no event exceed the greater of the amount of fees paid or payable by Customer for the twelve (12) month period preceding the loss or damages giving rise to the claim, and attributable to the specific products or services giving rise to such damages, or one thousand
Limitation of Liability. The MarMar shall, to the extent permitted by applicable laws, and in respect of any legal ba- sis for the claim, including product liability, not be responsible for any product liability or for any direct or indirect business interruption loss, consequential loss, loss of profit, or any other loss whatsoever. In any event, the maximum liability shall be equal to repayment by the Mar- Mar to the customer of the payment made for the delayed or defective part of the order.
Limitation of Liability. Items for Which IBM May Be Liable
Limitation of Liability. 8.1 In the event of defects in the System or delays that r2pTracking ApS are responsible for, r2pTracking ApS' liability cannot exceed an amount equal to the subscription fee paid by the customer covering the last 12 months prior to the damage or delay.
8.2 r2pTracking ApS is not liable for losses due to operational problems at r2pTracking, telecoms operators or suppliers of the digital maps used in the System.
8.3 r2pTracking ApS shall not under any circumstance be held liable for operating losses, loss of profit or other indirect losses.
Limitation of Liability. The Material is provided "as is" and the Provider expressly disclaims all warranties of any kind concerning the Material, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement of third party intellectual property rights. Except to the extent prohibited by law, the Recipient assumes all liability for damages which may arise from its use, storage or disposal of the Material. The Recipient will at all times during the term of this Agreement and thereafter, indemnify, defend and hold the Provider harmless against all claims, proceedings, demands and liabilities of any kind whatsoever. This must include legal expenses and reasonable attorneys' fees, arising out of the death or injury to any person or persons or out of any damage to property, resulting from the use, handling, storage or disposition of the Material or arising from any obligation of the Recipient hereunder. The Recipient accepts that the Provider is entitled to seek injunctive relief in any applicable jurisdiction to prevent breach of this Agreement and to seek specific performance of this Agreement in addition to all other available remedies.