LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR ANY DIRECT, PERSONAL INJURY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, LOSS OF GOODWILL, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION, COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, ANY OTHER TANGIBLE OR INTANGIBLE DAMAGES OR LOSSES (EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO OR RESULTING FROM:
(I) THE USE OR INABILITY TO USE THE SERVICE, APPLE SOFTWARE, ANY FEATURES, FUNCTIONALITY, CONTENT, MATERIALS, OR THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SERVICE;
(II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF;
(III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SERVICE, YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE;
LIMITATION OF LIABILITY. 11.1. You indemnify and hold harmless GSMA, the RBs, and network operators, against any claims or actions (including reasonable costs) arising from or related to any act or omission by You or Your affiliates, manufacturers, customers or any other related third party, contrary to the terms of this Agreement.
11.2. TAC Allocation and any other services provided by GSMA, the RBs or any of their affiliates hereunder are provided “as is” and without any warranty of any kind. All warranties, whether express, implied, or statutory, including without limitation any implied or other warranties of merchantability, fitness for a particular purpose, quality, accuracy, completeness, timing, or title are expressly disclaimed and excluded.
11.3. GSMA and the RBs shall not be liable to You for any loss of profits, loss to reputation, loss of contracts, or any indirect, punitive, special or consequential loss, damage or delay in relation to this Agreement howsoever caused.
11.4. In no event shall GSMA’s or any RB’s liability in aggregate under this Agreement exceed the Fees actually received by GSMA and any RB from You in the preceding 12 months from the last incident as proven in court that forms part of Your claim.
11.5. Notwithstanding clauses 11.3 and 11.4, nothing in this Agreement excludes or limits either the GSMA’s or any RB’s liability for:
(i) any death or personal injury caused by its negligence;
(ii) any fraud or fraudulent misrepresentation; or
(iii) any other liability which cannot be excluded under applicable law.
LIMITATION OF LIABILITY. 29.1 Nothing in this Agreement shall exclude or limit our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or for liability that cannot be excluded under any applicable laws or the requirements of any regulator.
LIMITATION OF LIABILITY. BUYER WILL NOT BE LIABLE TO SELLER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOST TIME, LOST PROFITS OR LOST SALES) ARISING FROM ANY TRANSACTIONS UNDER THIS ORDER.
LIMITATION OF LIABILITY. Section 6. 責任の制限
LIMITATION OF LIABILITY. This SLA exclusively addresses the consequences of any breach of this SLA. As such, the Licensee is prohibited from imposing sanctions beyond those specified herein for any violations of this SLA. In the event of breach, the service warranties and requirements set forth in this SLA, the maximum liability claimable by the Licensee is limited to:
1. In the event of a breach lasting less than 6 months, the claimable amount shall be 50% of the total amount of all fees paid by Licensee under the EULA and the SLA in the preceding 12 months.
2. In the event of a breach lasting more than 6 months but less than 1 year, the claimable amount shall be 80% of the total amount of all fees paid by Licensee under the EULA and the SLA in the preceding 12 months.
3. In the event of a breach lasting for more than 1 year, the claimable amount shall be limited to the sum of all fees paid by Licensee under the EULA and this SLA in the preceding 12 months.
LIMITATION OF LIABILITY. Article 11 The maximum limit of liability for each accident shall be determined by mutual agreement between the proposer and the insurer at the time of signing the insurance contract. Article 12 The main insured vehicle and any attached trailers shall be considered as a single vehicle. Upon occurrence of an insurable event, the insurer of the vehicle and the insurer of the trailer shall be responsible for compensation within their respective limits of liability in proportion to the third party liability insurance limit for motor vehicles specified in the insurance policy. Claim Handling Article 13 The insurer reserves the right to directly compensate any third party for damages caused by the insured or the individual authorized by the insured to operate the insured vehicle.
LIMITATION OF LIABILITY. Any sums recovered by the Contractor from any Subcontractor under or pursuant to any subcontract, whether as damages, default payments, or costs for breach of contract or under settlements in respect of alleged breach of contract (such settlements to be made only with the consent of the Purchaser, which consent shall not be unreasonably refused) together with associated costs shall be paid or credited in full to the Purchaser except for any element of the sums recovered from the Subcontractor which is in respect of cost incurred by the Contractor which would not qualify under the terms of the Contract as being part of the Actual Cost, and the Actual Cost shall be adjusted accordingly. Such an adjustment shall not form part of the total aggregate liability of the Contractor to the Purchaser referred to in this Sub-clause 43.3 and stated in the Agreeemnt. Adjust- ment
LIMITATION OF LIABILITY. Supplier shall be liable for damages and defects culpably caused by Supplier or his subcontractors used for the performance of the Contract, irrespective of the legal ground, up to a maximum amount of (i) the annual turn-over with Goods sold from Supplier to Buyer under the respective Contract during in the calendar year preceding the year in which the damages and/or defects occurred in the aggregate or (ii), if applicable, the value of the lot or batch of Goods delivered under the Contract to which a defect or damage is related to, whichever ((i) or (ii)) is lower or the damage that is typically foreseeable. The liability of the Supplier for indirect and consequential damages, 成损害的缺陷。根据产品责任相关法律下的索赔不受影响。