Common use of LIMITATION AND EXCLUSION OF LIABILITY Clause in Contracts

LIMITATION AND EXCLUSION OF LIABILITY. 10.1 We do not exclude our liability (if any) to you: 10.1.1 for personal injury or death resulting from our negligence; 10.1.2 for fraud; or 10.1.3 for any other matter for which liability cannot be excluded by law. 10.2 Subject to clause 10.1, we shall not be liable to you for any of the following types of loss or damage arising under or in relation to the Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise): 10.2.1 any loss of profits, business, contracts, anticipated savings, goodwill, or revenue; or 10.2.2 any loss, or corruption, of software or data; or 10.2.3 any loss of use of hardware, software or data; or 10.2.4 any indirect, special or consequential loss or damage whatsoever, even if we have been advised in advance of the possibility of such loss or damage. 10.3 Subject to clauses 10.1 and 10.2, our aggregate liability under the Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) shall be limited in all cases to the Licence Fees paid for the Licensed Software in the twelve (12) months preceding the event first giving rise to the claim. 10.4 You acknowledge that the provisions of clauses 9, 10 and 13.1 are reasonable and reflected in the price which would be higher without those provisions, and you will accept such risk. In the event that any of the limitations or exemptions in the Agreement shall be found to be void, clauses 9, 10 and 13.1 shall be construed in accordance with clause 16.

LIMITATION AND EXCLUSION OF LIABILITY. 10.1 9.1 We do not exclude our liability (if any) to you: 10.1.1 9.1.1 for personal injury or death resulting from our negligence; 10.1.2 9.1.2 for fraud; or 10.1.3 9.1.3 for any other matter for which liability cannot be excluded by law. 10.2 9.2 Subject to clause 10.19.1, we shall not be liable to you for any of the following types of loss or damage arising under or in relation to the this Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise): 10.2.1 9.2.1 any loss of profits, business, contracts, anticipated savings, goodwill, or revenue; or 10.2.2 9.2.2 any loss, or corruption, of software or data; or 10.2.3 9.2.3 any loss of use of hardware, software or data; or 10.2.4 9.2.4 any indirect, special or consequential loss or damage whatsoever, even if we have been advised in advance of the possibility of such loss or damage. 10.3 9.3 Subject to clauses 10.1 9.1 and 10.29.2, our aggregate liability under the this Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) shall be limited in all cases to the Licence Fees price paid for the Licensed Software in the twelve (12) months preceding the event first giving rise Software. In relation to the claimFree Edition Software, Core Edition Software, Preview Software and Freeware, our sole liability under this Agreement, subject to clause 9.1, shall be as set out in clause 13.2 as amended by clause 5.8. 10.4 9.4 You acknowledge that the provisions of clauses 98, 10 9 and 13.1 are reasonable and reflected in the price which would be higher without those provisions, and you will accept such risk. In the event that any of the limitations or exemptions in the this Agreement shall be found to be void, clauses 98, 10 9 and 13.1 shall be construed in accordance with clause 16.

LIMITATION AND EXCLUSION OF LIABILITY. 10.1 9.1 We do not exclude our liability (if any) to you: 10.1.1 9.1.1 for personal injury or death resulting from our negligence; 10.1.2 9.1.2 for fraud; or 10.1.3 9.1.3 for any other matter for which liability cannot be excluded by law. 10.2 9.2 Subject to clause 10.19.1, we shall not be liable to you for any of the following types of loss or damage arising under or in relation to the Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise): 10.2.1 9.2.1 any loss of profits, business, contracts, anticipated savings, goodwill, or revenue; or 10.2.2 9.2.2 any loss, or corruption, of software or data; or 10.2.3 9.2.3 any loss of use of hardware, software or data; or 10.2.4 9.2.4 any indirect, special or consequential loss or damage whatsoever, even if we have been advised in advance of the possibility of such loss or damage. 10.3 9.3 Subject to clauses 10.1 9.1 and 10.29.2, our aggregate liability under the Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) shall be limited in all cases to the Licence Fees paid for the Licensed Software in the twelve (12) months preceding the event first giving rise to the claimSoftware. 10.4 9.4 You acknowledge that the provisions of clauses 98, 10 9 and 13.1 12.1 are reasonable and reflected in the price which would be higher without those provisions, and you will accept such risk. In the event that any of the limitations or exemptions in the Agreement shall be found to be void, clauses 98, 10 9 and 13.1 12.1 shall be construed in accordance with clause 1615.