Glossary entry (derived from question below)
English term or phrase:
characterised
English answer:
manifested, presented, shown
English term
Egypt
Technical accuracy with fluency of style
Native in: Arabic (Variant: Egyptian) 
Works in: English to Arabic, Arabic to English, Arabic, and 1 more.
characterised
"No Party shall be liable to any other Party without limitation for any incidental, consequential, special, direct or indirect damages, or for loss of use, lost profits, attorneys’ fees or loss of market share, however these are characterised".
Jan 7, 2019 13:22: Yvonne Gallagher Created KOG entry
Non-PRO (1): B D Finch
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Responses
Ireland
right word, right place. everytime
Native in: English (Variants: US, Canadian, Irish, UK)
Works in: French to English, Spanish to English, English, and 1 more.
manifested, presented, shown
"Characterised" here doesn't just mean described and specified as that would mean the list of items so specified would be limited by those definitions.
It's actually saying these items are NOT to be closely defined by using "however these are characterised".
Here, the document is making clear that the parties will have no liability whatsoever for any of the following items:
"incidental,... market share",
irrespective of the form any of these may take (be manifested) or howsoever these may be presented or shown
Hence, "no limitation" at all regarding lack of liability for any of these.
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Note added at 2 days 1 hr (2019-01-07 11:30:25 GMT) Post-grading
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Glad to have helped. Happy New Year!
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Note added at 2 days 1 hr (2019-01-07 11:32:51 GMT) Post-grading
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and more simply, as in my response to Martin's
"in whatever form these may appear"
...and none of the parties may present any of these in other ways/guises or under other names
| agree |
philgoddard
1 hr
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Many thanks:-) (And Happy New Year!)
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| agree |
Martin Riordan
: "in whatever form these may appear" is how I read it.
19 hrs
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Many thanks:-) Yes, and none of the parties may present any of these in other ways/guises or under other names (Happy New Year!)
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| neutral |
Daryo
: I can't find in your explanation *the key element*: this "different appearance" is not some neutral event, it's because someone is deliberately trying to put a different gloss over it. Passive form *may leave vague* who or what is the agent.
1 day 1 hr
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Yes, you are "missing something", English comprehension and knowledge of the Passive voice. No reflexive verbs here and it's certainly not "some neutral event". Also it's something that MAY happen, NOT "IS (happening)" .
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| agree |
B D Finch
: Good explanation that covers both inherent character (manifestation) and characterisation by a person.
1 day 20 hrs
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Indeed! Many thanks:-) (And Happy New Year!)
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Germany
11 years translation experience
Native in: Urdu (Variant: Pakistan) 
, Pashto (Pushto)
Works in: English to Urdu, English to Pashto (Pushto), Urdu to English, and 6 more.
To impaint, to describe
For example: In her essay, she characterizes the whole era as a period of radical change
| neutral |
B D Finch
: The verb "to impaint" fell out of use about 300 years ago!
56 mins
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Germany
My two mottos, punctuality and precision
Native in: Persian (Farsi)
Works in: English to Persian (Farsi), Persian (Farsi) to English, English, and 4 more.
Specified
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Note added at 55 mins (2019-01-05 10:33:45 GMT)
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To describe distinctive features of..... : to specify
https://en.oxforddictionaries.com/definition/characterize
United Kingdom
Travel, wine and scuba specialist.
Native in: English (Variants: British, Scottish)
Works in: Italian to English, English
categorise or represent
worked for int. orgs (IMF, OAS, IDB)
Native in: English
Works in: Spanish to English, German to English
defined
qualified (by someone, the other party or their lawyers)
an active intent to "rename it /make look it as something else" is implied - it's not going to just happen out of nowhere that for example "losses" are going to look as something else by pure accident.
or: whatever label someone decides to stick to them (= "however these are characterised") what will count will be what they substantially are.
IOW you can try to call "losses" (for example) whatever you want - try to "characterise" them as something else, they will still be losses and as such there will be no liability from the other party.
Here THE KEY POINT is if that someone (the other party, as they would be the only one having an interest to do so) tries to "re-qualify" any incidental, consequential, special, direct or indirect damages, or for loss of use, lost profits, attorneys’ fees or loss of market share as something else outside of this list in order to make the other party liable, that will not wash.
It's not that the elements of this list could happen to "present themselves" as something else, it will be someone (who has an interest in doing so) who will try to "re-quality" them as something else.
| neutral |
B D Finch
: That's only part of the meaning.//You are making an unsupported assumption about the meaning being limited to 'an active intent to "rename it /make look it as something else" is implied'. The translation should not limit the text's meaning.
1 day 12 hrs
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the relevant part for this ST - it's about what label other parties are trying to stick on some facts.
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| disagree |
Yvonne Gallagher
: 100%? NO. "whatever "quality" is attributed to them by someone" is incoherent and "qualified" is ambiguous. And "label other parties are trying to stick on some facts" is overtranslation as it's something that MAY happen in future, NOT happening now
1 day 14 hrs
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if you see no difference between "this thing shows itself as coloured green" and "someone is trying to present this thing as being coloured green (while deliberately ignoring that it's read or blue)" then yes, it certainly does look incoherent ...
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characterised
The author begins by saying that the parties agree not to hold each other liable for all the items listed (e.g., damages, lost profits, etc.).
However, the author believes it's possible the items listed might be described by other names or referred to by other terms in some circumstances. So to protect himself, he says that even if the items listed are described by different names or called by other terms, both parties still agree not to hold each other liable for them.
He says it does not matter how the items are characterized (described, referred to, called) - the parties are still agreeing not hold each other liable for them.
Example: One thing was clear: Tom intentionally took my money without my permission. However, Tom characterized it (described it) differently, calling it a "mistake."
Türkiye
Turkish to English Translator
Native in: Turkish (Variants: Standard-İstanbul , Izmir)
Works in: English to Turkish, Turkish to English, Turkish, and 1 more.
To be a distinctive trait or mark of; distinguish
The rash and high fever that characterize this disease; a region that is characterized by its dikes and canals.
| disagree |
B D Finch
: Incoherent, ungrammatical explanation. Nothing to do with "preconditions"
17 hrs
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Discussion
I don't understand why you think "characterised" is a typo here? Also, "anything that falls into any other related category they may not have mentioned" would be extremely loose drafting of a legal contract. It's clear that "these" refers to the foregoing list of items. If they want to cover any possible addenda to this list they "missed" or might add later they would specifically state this.
Connotation=that which is implied by word, etc. in addition to its literary or primary meaning (a letter with sinister connotations).