LIMITATION OF LIABILITY. 1.11.1 Items for which IBM May be Liable
LIMITATION OF LIABILITY. The following is added to the end of this section:
LIMITATION OF LIABILITY. The following replaces the Limitation of Liability section in its entirety:
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. The following paragraph is included at the end of 1.11.1:
LIMITATION OF LIABILITY. The following sentence is added: The following replaces the first sentence: In the second sentence of the first paragraph, delete entirely the parenthetical phrase “(including fundamental breach, negligence, misrepresentation, or other contract or tort claim).” The following replaces 1.11.2b:
LIMITATION OF LIABILITY. IN NO EVENT SHALL VISA, ITS PRINCIPALS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATION, BE LIABLE BEFORETHE PAYMENT FACILITATOR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER MONETARY LOSS, WHETHER OR NOT THEY HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES OR LIABILITY SET FORTH HEREIN IS A KEY ELEMENT OF THIS AGREEMENT. PAYMENT FACILITATOR ACKNOWLEDGES AND AGREES THAT VISA WOULD NOT BE ABLE TO PERFORM HEREUNDER ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS.
LIMITATION OF LIABILITY. 11.1. The total liability of Huawei under this Agreement (including its subcontractors) on all claims, whether based on contract, tort, infringement of third party intellectual property rights, property damage or otherwise, resulting from or in connection with the performance of this Agreement, including any liquidated damages, shall not exceed ten thousands (10,000) dollars or the aggregate amount of relevant purchase orders paid by the academy to Huawei and/or Huawei’s partners in connection with and/or under this Agreement in the six (6) months period prior to the event or circumstances giving rise to the liability, whichever is lower; and if such damages result from the academy’s distribution of products and/or services, such liability shall be limited to the fees the academy paid Huawei for the deficient products and/or services giving rise to the liability. This limitation is cumulative and not per-incident.
LIMITATION OF LIABILITY. Notwithstanding anything in these terms or elsewhere that states otherwise, and to the fullest extent permitted by applicable law:
LIMITATION OF LIABILITY. EXCEPT FOR COMPANY’S OBLIGATIONS UNDER ARTICLE 3 AND EITHER PARTY’S CONFIDENTIALITY OBLIGATIONS UNDER ARTICLE 11.4, WITH RESPECT TO DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE PROVIDER TECHNOLOGY, OR DOCUMENTATION, IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER CONTRACT, CIVIL LIABILITY, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY, OR OTHERWISE, FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE, COVER, OR LOST PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) ANY AMOUNTS IN EXCESS OF THE FEES PAID TO PROVIDER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACT OR OMISSION GIVING RISE TO THE LIABILITY. The provisions of this Article allocate the risks under this Agreement between Provider and Company and are an intrinsic part of the bargain between the parties. The fees provided for in this Agreement reflect this allocation of risks and the limitation of liability specified herein.