Liability exclusion

The distinction between software as a product and software as a service seems more relevant to research. As Prince [22] suggests, the fact that software is sold and used as a prepackaged item means that strict liability obtains. Should there be a defect in the software, the manufacturer is held liable. Flowever, and especially with research, software is often written with a specific purpose in mind. As such, the programmer is providing a service rather than a product. In the case of software written specifically for a certain research purpose, the liability may not fall exclusively on the software provider. In those situations, it behooves the researcher to be very clear in knowing and stating his or her purposes to the programmer. 

Customer Remedies Plunkett Research, Ltd. and its suppliers entire liability and your exclusive remedy shall be, at Plunkett Research Ltd. s sole discretion, either (a) return of the price paid, if any, or (b) repair or replacement of the product that does not meet Plunkett Research, Ltd. s Limited Warranty and that is returned to Plunkett Research, Ltd. with sufficient evidence of or receipt for your original purchase. 

LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLUNKETT RESEARCH, LTD. BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ABILITY TO OBTAIN OR RETAIN EMPLOYMENT OR REMUNERATION, ABILITY TO PROFITABLY MAKE AN INVESTMENT, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE INSTALLATION OF, USE OF, OR RELIANCE UPON THIS DATA, OR THE INABILITY TO USE THIS DATA (WHETHER IN ELECTRONIC OR PRINTED FORM) OR THE FAILURE OF PLUNKETT RESEARCH, LTD. TO PROVIDE SUPPORT SERVICES, EVEN IF PLUNKETT RESEARCH, LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, PLUNKETT RESEARCH, LTD. S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS END-USER LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

Gulf Publishing Company s entire liability and your exclusive remedy shall be ... 

This software product is sold as is without warranty of any kind, either express or implied, including but not limited to the implied warranty of merchantability and fitness for a particular purpose. Neither Wiley nor its dealers or distributors assumes any liability of any alleged or actual damages arising from the use of or the inability to use this software. (Some states do not allow the exclusion of implied warranties, so the exclusion may not apply to you.)... 

These two objectives are discussed together because many of the selection criteria for screening compounds are important to fulfill both objectives, namely physical chemical properties and chemical purity and stability. Especially with respect to optimizability, a violation of the selection criteria discussed here is not a definite reason for exclusion, but it is a liability of the compound, which needs to be addressed during the optimization of the compound that follows the discovery of the hit. The more such liabilities a compound exhibits, the more difficult the optimization of a lead compound will be. Also, not every violation of a technology compatibility criterion is a hard reason for exclusion, but rather it increases the potential of a compound to cause artifacts under a certain assay technology appropriate experimental procedures are required to detect these artifacts. 

An adiabatic method represents the most adequate technique for determining the relative tendencies of certain coals to heat spontaneously since it simulates most closely the real phenomenon. Conceivably, a field system would be similar to the adiabatic system but with appropriate modifications to hasten the oxidation process and increase the effluent gas concentrations within a reasonable test period. This could involve a more versatile system which would allow either the study of self-heating rates, similar to a method used by Guney (10) or which may be used for adiabatic calculations of a liability index through incorporation of a constant heat input. In the latter case, the heat might be supplied exclusively from the oxidizing air stream. 

The exclusion of implied warranties is not permitted by some states. Therefore, the above exclusion may not apply to you. This warranty provides you with specific legal rights there may be other rights that you may have that vary from state to state. The pricing of the hook with the Software hy SYBEX reflects the allocation of risk and limitations on liability contained in this agreement of Terms and Conditions. 

No liability is assumed by ECV for the licensed software achieving certain performance results or being able to be utilised for the intended purpose or for compatibility with the software already employed by the user. Especially the risk of economic usability exclusively lies with you. 

From The Hindu (March 22,2004) Bhopal Tragedy Payment Sought from Compensation Fund Balance. 51EIIL took exclusive possession of the land under lease from the government of Madhya Pradesh. 52These assets have since been reallocated towards construction of a hospital for Bhopal. However, this asset transfer has not obviated the potential liability of Union Carbide in the criminal case. 

The six exclusion tests in particular are intended to focus liability on those who are most responsible for the risk , rather than just for the fact of the presence of a contaminant ... 

Although not exclusively, it is often when businesses are sold that there are concerns raised about potential environmental liabilities. It seems to matter little whether or not there is real tangible evidence that the liabilities will materialise. What seems to be the key is the interest the parties have in proceeding with the sale and the potential use of environmental liabilities as a negotiating position within the sales process. However, in a number of cases there are real tangible fears associated with environmental liabilities and often the parties associated with transfer of businesses look to insurance to solve their problems for them. 

Although a few years ago there were indications that the UK insurance market was going to impose a total pollution exclusion on public liability insurance policies, no concrete signs have developed over recent times. Some general... 

As has been mentioned before, Public Liability policies in the main have some form of pollution exclusions attached to them. Property Damage policies, which provide indemnity in the event of damage being caused by named perils, only provide indemnity for removing contamination from that portion of a site... 

It is not uncommon for contractors to be held liable for any damage as a result of their activities. Where contracts are dealing with hazardous substances their clients almost certainly require them to assume responsibility for damage caused whilst handling or dealing with the hazardous materials. How can contractors accept such liability with a public liability policy that contains pollution exclusion ... 

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