LIMITATION OF LIABILITY. 20.1.- Aside from the provisions of this Contract and without prejudice to applicable laws, the Supplier's maximum liability for harm or damage giving rise to compensation, regardless of its cause (including, without limitation, harm or damage resulting from acts incurring its contractual, non-contractual or civil liability (warranty), offence of forgery and use of forged documents, breach, negligence, strict liability or infringement of intellectual property rights) cannot under any circumstances exceed the amount of the Goods sold and/or services provided, excluding VAT.
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. Conduct of the Contest. The Released Parties cannot be held responsible for any cause preventing a person from entering this Contest or from reading the Contest Rules.
LIMITATION OF LIABILITY. Entry in the Contest. People who enter or attempt to enter this Contest disclaim all liability from the Released Parties for any damage they may suffer as a result of their entry or attempted entry in the Contest.
LIMITATION OF LIABILITY. Use of the Prize. By entering the Contest, entrants release the Contest Organizer, any company, corporation, trust, or other legal person under their control, or affiliates, their advertising and promotion agencies, their employees, representatives, and agents (the “Released Parties”) for any damage they may suffer as a result from accepting or using their prize.
LIMITATION OF LIABILITY. 11.1Customer acknowledges that the Software along with the Documentation, Maintenance and any Services provided hereunder are only an aid in Customer's development of Customer's products and is not intended as a substitute for sound engineering judgement. MSC will not be liable in any manner whatsoever for the data output obtained through use of the Software. Customer shall, at its own expense, indemnify, defend and hold MSC harmless from and against any claim brought against MSC by a third party arising out of, or related to, Customer's use of the data output obtained from use of the Software.
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, profits ou d’intérêts, à moins que ces dommages n’aient été causés par sa faute intentionnelle ou négligence grave.
1.4.5. Dans la mesure où la responsabilité de Qlik est limitée ou exclue, le même principe s’applique à la responsabilité personnelle des représentants légaux de Qlik, à ses employées, ses fournisseurs, ses revendeurs et ses agents d’exécution.
1.4.6. Pour les clients disposant de licences perpétuelles, seul le droit de recevoir une assistance prendra fin à la résiliation du contrat.
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
LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE PROVIDED IN THIS THESE CONDITIONS, NEITHER PARTY SHALL BE LIABLE FOR INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, CAUSED BY, ARISING OUT OF OR RELATING TO THE SERVICES AND ANY PERFORMANCE OR FAILURE TO PERFORM UNDER THESE CONDITIONS OR OTHERWISE, WHETHER OR NOT CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF SUCH PARTY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limitations and exclusions in this Section 8(B) shall not apply to damages arising out of obligations or liabilities arising out of or relating to those in Sections 5, 7 and 11(D and I).
LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.