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. 8.1 Tämä kohta 8 soveltuu Autovistan vastuuseen (mukaan lukien vastuuseen sen työntekijöiden, edustajien ja alihankkijoiden teoista ja laiminlyönneistä) Autovistan Lisenssisopimukseen perustuvan minkä tahansa sopimusvelvollisuuksien rikkomisesta ja se soveltuu mm. Autovistan antamiin vakuutuksiin, lausuntoihin, sopimuksen ulkoiseen vastuuseen, laiminlyönteihin, huolimattomuuteen ja kaikkiin muihin vastuumuotoihin. Asiakkaan tulee kiinnittää huomio erityisesti tämän kohdan 8 ehtoihin. 8.1 This clause 8 applies to Autovista’s liability (including any liability for the acts and omissions of its employees, agents and sub- contractors) in respect of any breach of its contractual obligations arising under any Licence Agreement and any representation, statement or tortious act or omission including negligence and any other form of liability, and Customer’s attention is in particular drawn to the provisions of this clause 8.
8.2 Autovistan vastuuta Asiakasta kohtaan ei rajoiteta (i) Autovistan huolimattomuudesta aiheutuneen kuoleman tai henkilövahingon osalta, (ii) petoksesta, (iii) tahallinen laiminlyönti tai törkeä huolimattomuus (iv) kohdan 6.1 mukaisen takuun rikkomisesta tai (v) mistään muusta asiasta, josta vastuuta ei voida soveltuvan lain mukaisesti rajoittaa. 8.2 Autovista’s liability to Customer will not be limited for (i) death or personal injury resulting from Autovista’s negligence, (ii) fraud, (iii) wilful default or gross negligence (iv) a breach of the warranty in clause 6.1 or (v) any other matter for which liability cannot as a matter of applicable mandatory law be limited.
8.3 Ottaen huomioon kohdan 8.2, Autovistan koko enimmäisvastuu rajautuu yhteenlaskettuun maksun määrään, joka maksetaan tai tulee maksaa kyseessä olevasta Tuotteesta siltä 12 kuukauden ajanjaksolta, jolloin vastuu syntyi. 8.3 Subject to clause 8.2, Autovista’s entire liability shall be limited to an amount equal to the aggregate of the Fee paid or due to be paid for the Product concerned in respect of the 12 month period in which the liability arose.
8.4 Ottaen huomioon kohdan 8.2, Autovista ei ole vastuussa Asiakkaalle (i) mistään voiton, liiketoiminnan, ennakoitujen säästöjen, maineen, tietojen tai muun vastaavan menetyksestä; tai (ii) mistään välillisestä tai epäsuorasta vahingosta; välilliseksi tai epäsuoraksi vahingoksi katsotaan aina mm. Asiakkaan kärsimät sellaiset vahingot, jotka ovat aiheutuneet kolmannen osapuolen tekemän väitteen tai vaatimuksen seurauksena, ja vaik...
LIMITATION OF LIABILITY. Each party shall be liable to the other party for damage caused by the breach of this Agreement subject to limitations set out below. Under no circumstances Nets is liable for any indirect or consequential damage and/or loss, including loss of goodwill, loss of earnings, third party claims, operating losses, service interruptions, loss of income, loss of savings, loss of data, loss of interest and similar. Nets' liability for an error in or delay of the Netaxept is limited to rectifying the error, or alternatively, to the re-performance of an erroneous or delayed service. However, Nets is liable for direct damage caused to the Merchant through negligent breach of this Agreement and demonstrated by the Merchant, to an amount that is limited, as per each such event to a maximum of the fees paid by the Merchant for Netaxept three (3) months immediately preceding such event, and as per each contract year, to a maximum of twelve (12) months fees for Netaxept. Nets is solely responsible for its own services and actions. Nets is therefore under no circumstances liable for any errors/defects or delays, or otherwise for failure to fulfil its obligations, to the extent that this is the result of the actions of the Merchant or a third party.
LIMITATION OF LIABILITY. Items for which IBM May be Liable
LIMITATION OF LIABILITY. The following paragraph is included at the end of 1.11.1:
(a) for services: (1) the supplying of the services again or (2) the payment of the cost of having the services supplied again; and
(b) for goods: (1) the repair or replacement of the goods or the supply of equivalent goods; or (2) the payment of the cost of replacing the goods or having the goods repaired Where a guarantee relates to the right to sell, quiet possession or clear title of a good under schedule 2 of the Competition and Consumer Act, or the goods or services are of a kind ordinarily acquired for personal, domestic, or household use or consumption, then none of the limitations in this section apply.
LIMITATION OF LIABILITY. The following sentence is added:
1.11.1 Items for which IBM May Be Liable
1.11.2 Items for which IBM Is Not Liable
LIMITATION OF LIABILITY. The following replaces the Limitation of Liability section in its entirety:
a. IBM will be liable without limit for 1) loss or damage caused by a breach of an express guarantee; 2) damages or losses resulting in bodily injury (including death); and 3) damages caused intentionally or by gross negligence.
b. In the event of loss, damage and frustrated expenditures caused by slight negligence or in breach of essential contractual obligations, IBM will be liable, regardless of the basis on which Customer is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), per claim only up to the greater of 500,000 euro or the charges (if the Eligible Product is IBM SaaS or subject to Fixed Term charges, up to 12 months’ charges) Customer paid for the Eligible Product that caused the loss or damage. A number of defaults which together result in, or contribute to, substantially the same loss or damage will be treated as one default.
c. In the event of loss, damage and frustrated expenditures caused by slight negligence, IBM will not be liable for indirect or consequential damages, even if IBM was informed about the possibility of such loss or damage.
d. In case of delay on IBM’s part: 1) IBM will pay to Customer an amount not exceeding the loss or damage caused by IBM’s delay and 2) IBM will be liable only in respect of the resulting damages that Customer suffers, subject to the provisions of Items a and b above.
LIMITATION OF LIABILITY. Both parties aggregate maximum liability arising out of and related to the Contract and any and all Customer's orders for any and all causes of action occurred during any Contract Period, and including the amounts of possible price returns, price reductions and service level credits, shall not exceed the amount of the Service Fee (without value added tax and other governmental charges) paid by the Customer to Leadoo for the said Contract Period. Except as expressly set out in these Terms, a Party shall have no liability for any: (i) indirect, incidental, special, consequential, exemplary or unforeseeable damages, such as loss of profit, revenue, use, goodwill or savings, business interruption, damage to reputation or for damages payable to third parties, or (ii) loss or alteration of data or for any damages incurred as a result thereof, or for cost of procurement of substitute goods or services. The limitations of liability shall not apply to damages caused by gross negligence or intentional act or to breaches of the terms of use in clause 5. No action may be brought by the Customer against Leadoo more than two (2) months after the cause of action has arisen.
LIMITATION OF LIABILITY. The limitations of liability set out under the General Terms shall not apply with respect to data subject damages or each Party's responsibility pursuant to Article 82(5) GDPR. The Parties agree that the general principle of division of responsibilities between the Parties relating to administrative fines imposed by any relevant supervisory authority or claims by data subjects under this DPA is based on the principle that the respective Party needs to fulfill its own obligations under the Data Protection Laws. Hence, any administrative fines imposed or damages ordered should be paid by the Party that has failed in its performance of its legal obligations under the Data Protection Laws, as decided by the relevant supervisory authority or competent court authorized to impose such fines or damages. Therefore, the limitations of liability set out under the Service Agreement shall not, however, apply such fines.
LIMITATION OF LIABILITY. Finnlines shall not be liable for any loss suffered by the Passenger or a third party due to changes or amendments to the Programme or to these terms and conditions, deactivation of the Passenger’s Card (whether on grounds of these terms or for another reason), any breach of these terms and conditions, or any other event related to the Programme. If the Passenger is in breach of these terms and conditions, Finnlines has the right to reclaim any discount or deal granted after said breach by the Passenger. The Passenger shall be liable for any damage caused to Finnlines by the breach of these terms and conditions.