Common use of LIABILITY AND SANCTIONS Clause in Contracts

LIABILITY AND SANCTIONS. The Vendor’s liability and the Customer’s powers in the event of breach shall be as follows: The Vendor’s liability is limited to the delivery of Cloud Services and agreed Additional Services. The Vendor is not liable for the Customer’s data flow between the Customer’s Cloud Account and any Third Parties. The Customer is responsible for the Customer’s use of such services, including the Customer’s choice of settings and use of Third Party Services. The Customer is liable that the use of Cloud Services and Additional Services is conducted in accordance with relevant additional terms and legislation. The Vendor’s liability for damages or loss, regardless of cause and basis for the case and regardless of whether it refers to breach of contract or tortious conduct, shall be limited to the Customer's direct losses. Total compensation shall not exceed the amount the Customer has paid the Vendor under this Cloud Account Agreement the last 6 months and in any case not amount to more than NOK 50 000. The Vendor shall not under any circumstances be liable for non- economic losses, consequential losses or indirect losses, including but not limited to interruption losses and other loss of use, lack of anticipated savings, loss of earnings or profits, loss of data, loss of datatime, consequential damages, operating loss, transaction loss, loss incurred by Third Parties, losses as a result of the Agreement with a Third Party being annulled or amended, as well as other commercial or pecuniary losses. The ceiling on indirect losses also applies where the Customer has been made aware of the possibility that such losses or such damages can occur. The Vendor shall not under any circumstances be liable for repairing damages to, replacing or restoring data, software or data files. The Vendor is not liable for loss, injury to, deletion or similar of data, software, systems etc. Further, the Vendor is not responsible for direct or indirect loss of the Customer or a Third Party caused by errors or defect regarding data, software, systems etc. This also applies for losses, injury to, deletion or similar incurred due to wrongful use of software or the Products. The Customer cannot assert other liability/other rights to compensation than those specified in the preceding paragraph. The Customer loses its right to argue liability/sanctions against the Vendor under a signed Cloud Service Agreement if written, specific complaints have not been received by the Vendor within 30 days after the Customer discovered or should have discovered the breach of contract.

Appears in 2 contracts

Sources: Framework Agreement, Framework Agreement

LIABILITY AND SANCTIONS. The VendorSupplier’s liability and the Customer’s powers in the event of breach shall be as follows: The VendorSupplier’s liability is limited to the delivery of Cloud Services and agreed Additional Services. The Vendor Supplier is not liable for the Customer’s data flow between the Customer’s Cloud Account and any Third Parties. The Customer is responsible for the Customer’s use of such services, including the Customer’s choice of settings and use of Third Party Services. The Customer is liable that the use of Cloud Services and Additional Services is conducted in accordance with relevant additional terms and legislation. The VendorSupplier’s liability for damages or loss, regardless of cause and basis for the case and regardless of whether it refers to breach of contract or tortious conduct, shall be limited to the Customer's direct losses. Total compensation shall not exceed the amount the Customer has paid the Vendor Supplier under this Cloud Account Agreement the last 6 months and in any case not amount to more than NOK 50 000. The Vendor Supplier shall not under any circumstances be liable for non- non-economic losses, consequential losses or indirect losses, including but not limited to interruption losses and other loss of use, lack of anticipated savings, loss of earnings or profits, loss of data, loss of datatimedata time, consequential damages, operating loss, transaction loss, loss incurred by Third Parties, losses as a result of the Agreement with a Third Party being annulled or amended, as well as other commercial or pecuniary losses. The ceiling on indirect losses also applies where the Customer has been made aware of the possibility that such losses or such damages can occur. The Vendor Supplier shall not under any circumstances be liable for repairing damages to, replacing or restoring data, software or data files. The Vendor Supplier is not liable for loss, injury to, deletion or similar of data, software, systems etc. Further, the Vendor Supplier is not responsible for direct or indirect loss of the Customer or a Third Party caused by errors or defect regarding data, software, systems etc. This also applies for losses, injury to, deletion or similar incurred due to wrongful use of software or the Productsproducts. The Customer cannot assert other liability/other rights to compensation than those specified in the preceding paragraph. The Customer loses its right to argue liability/sanctions against the Vendor Supplier under a signed Cloud Service Agreement if written, specific complaints have not been received by the Vendor Supplier within 30 days after the Customer discovered or should have discovered the breach of contract.

Appears in 1 contract

Sources: Framework Agreement