Common use of Exclusions and Limitations of Liability Clause in Contracts

Exclusions and Limitations of Liability. 10.1 In no event will EFI be liable to the Customer or any other person or entity for any indirect damages of any kind, including, without limitation, for lost profits, lost savings, lost data or other special, indirect, punitive, consequential, or incidental damages arising out of or relat- ing to the use of the Service or to any service provided or undertaken by EFI under this SAAS, even if EFI has been advised of the possibility of such loss or damage. The foregoing exclu- sion of liability applies to all causes of action, including breach of contract, breach of war- ranty, strict liability, negligence and other torts. 10.2 In no event will EFI be liable to the Customer or any other person or entity for any damages, direct or indirect, of any kind due to system instability or failure. 10.3 EFI is not responsible for any third-party solutions that are available and/or integrated with the Service, including currency feeds/calculators. EFI cannot be held liable for the accuracy, completeness, quality, or reliability of the information nor the results obtained through these third-party solutions. Similarly, EFI cannot be held liable for the availability, security, or functionality of any third-party solutions, including possible damages and/or loss caused by third party solutions. The burden is upon the Customer to prove that a loss suffered by the Customer cannot be attributed to third party solutions. 10.4 The maximum aggregate liability of EFI upon any claims whatsoever, arising out of the ser- vices provided by EFI or the Service under this SAAS will in any event be absolutely limited to the direct damages actually incurred by the Customer and furthermore be limited to the amount of fees relating to the Services paid by the Customer 12 months prior to the event giving rise to liability. 10.5 EFI shall be under no liability to the Customer in respect of loss arising by reason of force majeure, namely, circumstances beyond the control of EFI, including but not limited to acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion, including acts of local government and parliamentary authority and labour disputes of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bars, strikes and lock- outs.

Appears in 2 contracts

Sources: Software as a Service Agreement, Software as a Service Agreement

Exclusions and Limitations of Liability. 10.1 11.1. In no event will EFI CF be liable to the Customer or any other person or entity for any indirect damages of any kind, including, without limitation, for lost profits, lost savings, lost data or other special, indirect, punitive, consequential, or incidental damages arising out of or relat- ing relating to the use of the Service or to any service provided or undertaken by EFI CF under this SAASSAASA, even if EFI CF has been advised of the possibility of such loss or damage. The foregoing exclu- sion exclusion of liability applies to all causes of action, including breach of contract, breach of war- rantywarranty, strict liability, negligence and other torts. 10.2 11.2. In no event will EFI CF be liable to the Customer or any other person or entity for any damages, direct or indirect, of any kind due to system instability or failure. 10.3 EFI 11.3. CF is not responsible for any third-party solutions or data that are available and/or integrated with the Service, including currency feeds/calculators. EFI CF cannot be held liable for the accuracy, completeness, quality, or reliability of the information nor the results obtained through these third-party solutions. Similarly, EFI CF cannot be held liable for the availability, security, or functionality of any third-party solutions, including possible damages and/or loss caused by third party solutions. The burden is upon the Customer to prove that a loss suffered by the Customer cannot be attributed to third party solutions. 10.4 11.4. The maximum aggregate liability of EFI CF upon any claims whatsoever, arising out of the ser- vices services provided by EFI CF or the Service under this SAAS SAASA will in any event be absolutely limited to the direct damages actually incurred by the Customer and furthermore be limited to the amount of fees relating to the Services paid by the Customer in the 12 months prior to the event giving rise to liability. 10.5 EFI 11.5. CF shall be under no liability to the Customer in respect of loss arising by reason of force majeure, namely, circumstances beyond the control of EFICF, including but not limited to acts of God, perils of the sea or air, fire, flood, drought, shortages, disease, explosion, sabotage, accident, embargo, riot, acts of war, civil commotion, including acts of local local, regional or national government and parliamentary authority and labour disputes of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bars, strikes and lock- lock-outs.

Appears in 2 contracts

Sources: Software as a Service Agreement, Software as a Service Agreement

Exclusions and Limitations of Liability. 10.1 In no event will EFI Uniconta be liable to the Customer or any other person or entity for any direct or indirect damages of any kind, including, without limitation, for lost profits, lost savings, lost data or other special, indirect, punitive, consequential, or incidental damages arising out of or relat- ing relating to the use of the Service or to any service provided or undertaken by EFI Uniconta under this SAAS▇▇▇▇, even if EFI Uniconta has been advised of the possibility of such loss or damage. The foregoing exclu- sion exclusion of liability applies to all causes of action, including breach of contract, breach of war- rantywarranty, strict liabilityliabil- ity, negligence and other torts. 10.2 In no event will EFI Uniconta be liable to the Customer or any other person or entity for any damages, direct or indirect, of any kind due to system instability or failure. 10.3 EFI Uniconta is not responsible for any third-party solutions that are available and/or integrated with the Service, including currency feeds/calculators. EFI Uniconta cannot be held liable for the accuracy, completenesscom- pleteness, quality, or reliability of the information nor the results obtained through these third-party solutions. Similarly, EFI Uniconta cannot be held liable for the availability, security, or functionality of any third-party solutions, including possible damages and/or loss caused by third third-party solutions. The burden is upon the Customer to prove that a loss suffered by the Customer cannot be attributed to third party solutions. 10.4 The maximum aggregate liability of EFI Uniconta upon any claims whatsoever, arising out of the ser- vices services provided by EFI Uniconta or the Service under this SAAS ▇▇▇▇ will in any event be absolutely limited to the direct damages actually incurred by the Customer and furthermore be limited to the amount of fees relating to the Services Service Fees as paid by the Customer 12 months prior to the event giving rise to liability. 10.5 EFI Uniconta shall be under no liability to the Customer in respect of loss arising by reason of force majeure, namely, circumstances beyond the control of EFIUniconta, including but not limited to acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion, including acts of local government and parliamentary authority and labour disputes of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bars, strikes and lock- outslockouts.

Appears in 1 contract

Sources: End User License Agreement (Eula)

Exclusions and Limitations of Liability. 10.1 11.1. In no event will EFI CF be liable to the Customer or any other person or entity for any indirect damages of any kind, including, without limitation, for lost profits, lost savings, lost data or other special, indirect, punitive, consequential, or incidental damages arising out of or relat- ing relating to the use of the Service Software or to any service provided or undertaken by EFI CF under this SAASLSA, even if EFI CF has been advised of the possibility of such loss or damage. The foregoing exclu- sion exclusion of liability applies to all causes of action, including breach of contract, breach of war- rantywarranty, strict liability, negligence and other torts. 10.2 11.2. In no event will EFI CF be liable to the Customer or any other person or entity for any damages, direct or indirect, of any kind due to system instability or failure. 10.3 EFI 11.3. CF is not responsible for any third-party solutions or data that are available and/or integrated with the Service, including currency feeds/calculatorsSoftware. EFI CF cannot be held liable for the accuracy, completeness, quality, or reliability of the information nor the results obtained through these third-party solutions. Similarly, EFI CF cannot be held liable for the availability, security, or functionality of any third-party solutions, including possible damages and/or loss caused by third party solutions. The burden is upon the Customer to prove that a loss suffered by the Customer cannot be attributed to third party solutions. 10.4 11.4. The maximum aggregate liability of EFI CF upon any claims whatsoever, arising out of the ser- vices services provided by EFI CF or the Service Software under this SAAS LSA will in any event be absolutely limited to the direct damages actually incurred by the Customer and furthermore be limited to the amount of fees relating to the Services Software paid by the Customer in the 12 months prior to the event giving rise to liability. 10.5 EFI 11.5. CF shall be under no liability to the Customer in respect of loss arising by reason of force majeure, namely, circumstances beyond the control of EFICF, including but not limited to acts of God, perils of the sea or air, fire, flood, drought, shortages, disease, pandemic, explosion, sabotage, accident, embargo, riot, acts of war, civil commotion, including acts of local local, regional or national government and parliamentary authority and labour disputes of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bars, strikes and lock- lock-outs.

Appears in 1 contract

Sources: Lightspeed Software Agreement