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Service: OneSignal
Status: PENDING
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Author: docbot (21032) Bot


THE COMPANY MAKES NO REPRESENTATIONS AND WARRANTIES UNDER THIS EULA, AND HEREBY EXPRESSLY DISCLAIMS, ALL WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, RELATING TO THE SDK, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE OR NON-INFRINGEMENT, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. </li> <li> <strong>Limitations of Liability </strong> IN NO EVENT SHALL THE COMPANY, WHETHER IN CONTRACT, TORT, EQUITY, OR OTHERWISE, BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THIS EULA. OR (B) ANY DIRECT DAMAGES ARISING FROM OR RELATING TO THIS EULA TO THE EXTENT THAT THE AGGREGATE AMOUNT OF SUCH DAMAGES EXCEEDS THE GREATER OF (X) ALL AMOUNTS PAID BY ONE PARTY TO ANOTHER DURING THE SIX MONTHS PRECEDING THE DATE OF THE EVENT THAT IS THE BASIS FOR THE CLAIM AND (Y) $1500. </li> <li> <strong>Force Majeure. </strong> Except for payment obligations, neither Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such Party, including governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.
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