Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
Limitation of Liability. (a) Neither PremiumSoft nor its suppliers shall be liable to you or any third party for any indirect, special, incidental, punitive or consequential damages (including, but not limited to, damages for the inability to use equipment or access data, loss of business, loss of profits, business interruption or the like), arising out of the use of, or inability to use, the Software and based on any theory of liability including breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if PremiumSoft or its representatives have been advised of the possibility of such damages.
Limitation of Liability. To the maximum extent permitted by applicable law, we make no warranty of any kind in connection with this Agreement or its subject matter. Under no circumstances will we be held liable for any indirect or consequential loss or damage, including any and all (a) loss of opportunity (including loss of contract or right to offer or tender); (b) lost opportunity cost; (c) loss of business; (d) reduction or damage to goodwill; (e) damage to name or reputation; (f) loss or corruption of data, and regardless of whether any or all of these circumstances are considered to be indirect or consequential losses or damage, in contract, tort (including negligence), under any statute or law or otherwise arising out of our breach of this Agreement, even if we have been advised of the possibility of occurrences which would or might lead to such loss or damages. If we are held liable for any damages related to your reservation or this Agreement, your sole and exclusive remedy will be limited to reimbursement of the Reservation Payment paid to us.
Limitation of Liability. IN NO EVENT WILL FLEXERA SOFTWARE BE LIABLE FOR ANY DAMAGES, INCLUDING LOST PROFITS OR DATA, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH, EVEN IF FLEXERA SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO CASE WILL FLEXERA SOFTWARE’S LIABILITY FOR ANY DAMAGES HEREUNDER EXCEED FIFTY DOLLARS (US $50). PROVIDED, HOWEVER, THAT THIS SHALL NOT APPLY TO ANY DAMAGE ARISING FROM FLEXERA SOFTWARE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
Limitation of Liability. IN NO EVENT WILL ADOBE, ITS SUPPLIERS, OR CERTIFICATION AUTHORITIES BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS AND CERTIFICATION AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this agreement limits Adobe’s liability to you in the event of death or personal injury resulting from Adobe’s negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers and Certification Authorities for the purpose of disclaiming, excluding, and/or limiting obligations, warranties, and liability as provided in this agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this agreement, if any, or contact Adobe’s Customer Support Department.
Limitation of Liability. You agree that in no event will Vienna Symphonic Library GmbH or anyone else who has been involved in the creation, production, or delivery of the Software be liable for any consequential, incidental, indirect, special or punitive damages, including any lost profits or lost savings arising out of the use or inability to use the Software, accompanying documentation or content, even if Licensor has been advised of the possibility of such damages. Vienna Symphonic Library's liability to Licensee or any third party arising out of or related to this License however caused and on any theory of liability, whether in contract, tort (including negligence), or otherwise will not exceed the fee paid by Licensee for the Software, as applicable.
Limitation of Liability. Except for: (i) death or bodily injury caused by a Party’s negligence; (ii) breach of Section 9.7; (iii) each Party’s indemnification obligations under this Agreement; 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 but not limited to negligence or strict liability) or otherwise, will be limited to actual damages incurred, which will in no event exceed 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.
Limitation of Liability. WITH THE EXCEPTION OF THE MANDATORY PROVISIONS OF APPLICABLE LAW, FSTREET MEDIA AND ITS LICENSORS SHALL UNDER NO CIRCUMSTANCES BE RESPONSIBLE FOR ANY INJURY, DIRECT OR INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF HARDWARE, INTERRUPTION OF BUSINESS OR OTHER BUSINESS DAMAGE OR LOSS CAUSED BY OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT SHALL FSTREET MEDIA'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 PAID BY YOU TO FSTREET MEDIA FOR THE SOFTWARE. INDEMNIFICATION You agree to indemnify, hold harmless and defend FStreet Media and its licensors, and their respective officers, directors, members, employees, affiliates, shareholders, agents, successors, representatives, and assigns from and against any claims or suits, including reasonable attorneys' fees and expenses and third party claims for infringement, which arise or result from your use of the Software, your breach of any terms and conditions of this Agreement, or your use of the Software in violation of any applicable law. TERMINATION The license is valid for an indefinite period. Your rights under the license will terminate immediately and without notice from FStreet Media if you fail to comply with any provision of this Agreement. Upon termination, your access to the Software will be terminated and you shall immediately cease to use the Software and uninstall all copies of this and parts thereof. You may also terminate this Agreement by deleting the Software and all copies thereof from your desktop/computer. SEVERABILITY If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. AMENDMENTS TO THIS AGREEMENT FStreet Media reserves the right, at its sole discretion, to modify or amend this Agreement at any time. Please check our website xxx.xxxxxxxxxxxxx.xxx periodically for any new versions of this Agreement. You will be informed of any changes to the Agreement prior to them taking effect. If you do not accept the changes, you might not be able to use the Software or...
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; (i) each Party’s indemnification obligations under this Agreement; and
Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID OR PAYABLE BY CUSTOMER HEREUNDER IN RESPECT OF THE TWELVE- MONTH TERM IN WHICH THE INCIDENT GIVING RISE TO LIABILITY OCCURRED, PROVIDED THAT IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDER.