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Limitation of Liability
In no event shall Kotak or any of its officers, directors, shareholders, employees, agents, representatives or licensors be liable hereunder, under any theory of liability whatsoever (including, but not limited to, negligence and strict liability), for any direct, indirect, incidental, special, punitive or consequential damages or for loss of profits, revenue, programming, or otherwise (whether in an action in contract, tort, product liability, statute or otherwise, even if Kotak has been advised of the possibility of such damages) arising out of:
Because some jurisdictions do not allow the exclusion of certain warranties or limitation or exclusion of liability for incidental or consequential damages, in such jurisdictions Kotak's aggregate liability will be limited to the extent permitted by the laws of that jurisdiction. In no event shall the total liability of Kotak to you for all loss or damage exceed $50.00.
Without limiting the foregoing, you agree that if you use third-party information, services or products offered on this Site or a web site linked to or that is otherwise referred to on or through the Site, such party is solely responsible for such information, services or products, and you hereby release Kotak and any of its officers, directors, shareholders, employees, agents, representatives and licensors from any claims, demands and damages (including, but not limited to, direct, indirect, incidental, special, punitive or consequential damages) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such information, services or products, any transactions between you and such party and any disputes between you and such party.
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Kotak authorizes you to view and download the Materials on this Site only for your personal, non-commercial use, except as otherwise expressly provided herein. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions:
You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Kotak does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information.
The Site and the Materials may contain information that includes or is based upon forward-looking statements within the meaning of the applicable securities laws. Forward-looking statements are made based on Kotak's current expectations and beliefs concerning future developments and their potential effects. You can identify these statements by the fact that they do not relate solely to historical or current facts. Words such as "believes," "anticipates," "expects," "intends" and "plans" and similar expressions are intended to identify forward-looking statements but are not the exclusive means of identifying such statements.
There can be no assurance that future developments will be in accordance with Kotak's expectations or that the effect of future developments will be those anticipated by Kotak. Kotak cautions that a number of important factors, risks and uncertainties could affect such statements, including, among others:
Kotak cautions that the foregoing list of important factors is not exhaustive. In any event, such forward-looking statements made by Kotak speak only as of the date on which they are made, and Kotak does not undertake any obligation to update or revise such statements as a result of new information, future events or otherwise.
Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
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