Laserfiche WebLink
INCWTY2020-07-31 <br />18 No waiver <br />The failure to exercise, or delay in exercising, a right, power or <br />remedy provided by the Agreement, these Terms or the law shall <br />not constitute a waiver of that right, power or remedy. If YALP <br />waives Customers breach of any provision of these Terms or the <br />Agreement, such waiver shall not operate as a waiver of a <br />subsequent breach of that provision or as a waiver of a breach of <br />any other provision. <br />19 No beneficiaries <br />Any agreement between the Parties is for the sole benefit of the <br />Parties thereto and, except as otherwise contemplated therein, <br />nothing therein expressed or implied shall give or be construed to <br />give any person, other than the Parties thereto, any legal or <br />equitable rights thereunder. <br />20 No partnership <br />Nothing contained in any agreement between the Parties shall be <br />read or construed so as to constitute the relationship of principal <br />and agent or of partnership between the Parties. Neither of the <br />Parties may pledge or purport to pledge the credit of the other <br />Party or make or purport to make any representations, <br />warranties, or undertakings for the other Party. <br />21 Injunctive relief <br />Customer acknowledges that YALP shall suffer irreparable <br />injury in case of breach of the obligations under Articles 7 and B. <br />Accordingly, in the event of such breach, Customer <br />acknowledges that YALP will be entitled to injunctive relief in <br />any state or federal court of competent jurisdiction. Customer <br />further submits to the personal jurisdiction of such courts for the <br />purposes of any such action. <br />22 Governing law and jurisdiction <br />This Agreement shall be governed by and construed under the <br />laws ofthe State of New York (without giving effect to any <br />conflict of laws principles under New York law). The parties <br />hereby agree to submit to the personal jurisdiction of the <br />state and federal courts of the County and State of New <br />York. ANY CAUSE OF ACTION AGAINST YALP, REGARDLESS <br />WHETHER IN CONTRACT, TORT OR OTHERWISE, MUST <br />COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF <br />ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION <br />IS PERMANENTLY BARRED <br />LAW.LIMITATION OF LIABILITYIN NO EVENT SHALL YALP, ITS <br />AFFILIATES OR ITS LICENSORS BE LIABLE, HOWEVER <br />CAUSED AND WHETHER ARISING UNDER CONTRACT, <br />WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT <br />LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY <br />INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR <br />CONSEQUENTIAL DAMAGES, OR ANY LOSS OF INCOME, <br />BUSINESS, SALES, PROFITS (WHETHER ACTUAL OR <br />ANTICIPATED), LOSS OF OR CORRUPTION TO DATA, OR <br />INTERRUPTION OF BUSINESS. YALP'S AGGREGATE LIABILITY <br />FOR CUSTOMER'S CLAIMS IN CONNECTION TO PRODUCTS <br />SHALL NOT EXCEED THE FULL PURCHASE PRICE OF <br />THE PRODUCTS PAID BY CUSTOMER. <br />This warranty applies to all orders delivered after May 28th 2020. <br />Ya I <br />A :NEW WAY TO PLAY <br />