LIMITATION AND EXCLUSION OF LIABILITY. 1. 6. 1. Traction Software Limited does not exclude its liability (if any) to you:
LIMITATION AND EXCLUSION OF LIABILITY. To the extent permitted by law:
LIMITATION AND EXCLUSION OF LIABILITY. 6.1 Nothing in this Agreement shall limit or exclude either party’s liability for: (a) personal injury or death resulting from negligence, (b) fraud; or (c) any other matter for which liability cannot be excluded by law.
LIMITATION AND EXCLUSION OF LIABILITY a. Nothing in these Terms of Sale limits or excludes the liability of:
LIMITATION AND EXCLUSION OF LIABILITY. 11.1 NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU TO US UNDER THE ORDER FORM GIVING RISE TO THE LIABILITY IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT, STRICT LIABILITY OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6 (FEES AND PAYMENT FOR SAGE SERVICES).
LIMITATION AND EXCLUSION OF LIABILITY. 17.1 Nothing in this Agreement shall limit or exclude a Party's liability:
LIMITATION AND EXCLUSION OF LIABILITY a. This Paragraph 9 of these Terms and Conditions prevails over all of this Agreement and sets out the entire Liability (as defined in Paragraph 9.g below) of Taboola, and the sole and exclusive remedies of Publisher, in respect of: (i) performance, non- performance, purported performance, delay in performance, or mis-performance of this Agreement, the Service, or of any services in connection with this Agreement; or (ii) otherwise in relation to this Agreement or entering into this Agreement.
LIMITATION AND EXCLUSION OF LIABILITY. 5.1. Limitations. IN NO EVENT SHALL XXXXXXX TECHNOLOGY SERVICES OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER XXXXXXX TEHNOLOGY SERVICES NOR ITS SUPPLIERS SHALL HAVE LIABILITY WITH RESPECT TO XXXXXXX TECHNOLOGY SERVICES’ OBLIGATIONS UNDER THIS CONTRACT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF XXXXXXX TECHNOLOGY SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF XXXXXXX TECHNOLOGY SERVICES AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO XXXXXXX TECHNOLOGY SERVICES BY YOU UNDER THIS CONTRACT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY XXXXXXX TECHNOLOGY SERVICES HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE XXXXXXX TECHNOLOGY SERVICES AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.
LIMITATION AND EXCLUSION OF LIABILITY. 9.1 We do not exclude our liability (if any) to you:
LIMITATION AND EXCLUSION OF LIABILITY. 19.1 Neither ZUNDIAO nor its Affiliates shall be liable for any delay or failure to perform obligations and any losses, damages or costs resulting such delay or failure to perform obligations, unless such is directly caused by ZUNDIAO’s or its Affiliate's negligence or willful default.
