Common use of EXCLUSIONS OF AND LIMITATION OF LIABILITY Clause in Contracts

EXCLUSIONS OF AND LIMITATION OF LIABILITY. 6.1 Neither party excludes or limits its liability for: 6.1.1 Death or personal injury caused by its negligence or the negligence of its employees agents or subcontractors; 6.1.2 Fraud or fraudulent misrepresentation; or 6.1.3 Any other matter which cannot be limited or excluded by applicable law. 6.2 You acknowledge and understand that software is inherently complex and may not be free from errors and that you have been advised to verify the work produced by the Program. Subject to Section 6.1, neither party shall be liable to the other whether in tort (including negligence or breach of statutory duty), delict, contract, misrepresentation, restitution or otherwise (even if such loss or damage was reasonably foreseeable or if one party had advised the other of the possibility of such loss or damage) for: 6.2.1 Any special, indirect, incidental, consequential, or punitive damages resulting from any defect in the Software; 6.2.2 Any loss of time, loss of or corruption to data, loss of anticipated profits, lost opportunity cost, loss of use of the Software, depletion of goodwill, or similar losses however caused; or 6.2.3 Any damages or costs incurred in connection with obtaining substitute software, receiving support services, claims made against you by others, or similar costs.

EXCLUSIONS OF AND LIMITATION OF LIABILITY. 6.1 Neither party excludes or limits its liability for: 6.1.1 Death or personal injury caused by its negligence or the negligence of its employees employees, agents or subcontractors; 6.1.2 Fraud or fraudulent misrepresentation; or 6.1.3 Any other matter which cannot be limited or excluded by applicable law. 6.2 You acknowledge and understand that software is inherently complex and may not be free from errors and that you have been advised to verify the work produced by the Program. Subject to Section 6.1, neither party shall be liable to the other whether in tort (including negligence or breach of statutory duty), delict, contract, misrepresentation, restitution or otherwise (even if such loss or damage was reasonably foreseeable or if one party had advised the other of the possibility of such loss or damage) for: 6.2.1 Any special, indirect, incidental, consequential, or punitive damages resulting from any defect in the Software; 6.2.2 Any loss of time, loss of or corruption to data, loss of anticipated profits, lost opportunity cost, loss of use of the Software, depletion of goodwill, or similar losses however caused; or 6.2.3 Any damages or costs incurred in connection with obtaining substitute software, receiving support services, claims made against you by others, or similar costs.