Limitations and exclusions of liability. 12.1 Nothing in this ▇▇▇▇ will: (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this ▇▇▇▇, except to the extent permitted by law. 12.2 The limitations and exclusions of liability set out in this Clause 12 and elsewhere in this ▇▇▇▇: (a) are subject to Clause 12.1; and (b) govern all liabilities arising under this ▇▇▇▇ or relating to the subject matter of this ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this ▇▇▇▇. 12.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event. 12.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings. 12.5 The Licensor will not be liable to the User in respect of any loss of revenue or income. 12.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities. 12.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software. 12.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage. 12.9 The liability of the Licensor to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of: (a) 1 GBP; and (b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇ in the 12 month period preceding the commencement of the event or events. 12.10 The aggregate liability of the Licensor to the User under this ▇▇▇▇ shall not exceed the greater of: (a) 1 GBP; and (b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇.
Appears in 2 contracts
Sources: End User License Agreement, End User License Agreement
Limitations and exclusions of liability. 12.1 9.1 Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this the ▇▇▇▇, except to the extent permitted by law.
12.2 9.2 The limitations and exclusions of liability set out in this Clause 12 9 and elsewhere in this ▇▇▇▇:
(a) are subject to Clause 12.1Clauses 9.1 and 13.5; and
(b) govern all liabilities arising under this the ▇▇▇▇ or relating to the subject matter of this the ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this the ▇▇▇▇.
12.3 The Licensor 9.3 VHT will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
12.4 The Licensor 9.4 VHT will not be liable to the User in respect of any loss of profits or anticipated savings.
12.5 The Licensor 9.5 VHT will not be liable to the User in respect of any loss of revenue or income.
12.6 The Licensor 9.6 VHT will not be liable to the User in respect of any loss of business, contracts or opportunities.
12.7 The Licensor 9.7 VHT will not be liable to the User in respect of any loss or corruption of any data, database or software.
12.8 The Licensor 9.8 VHT will not be liable to the User in respect of any special, indirect or consequential loss or damage.
12.9 9.9 The liability of the Licensor VHT to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to VHT under the Licensor under this ▇▇▇▇ in the 12 month period preceding the commencement of the event or events.
12.10 9.10 The aggregate liability of the Licensor VHT to the User under this ▇▇▇▇ shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to VHT under the Licensor under this ▇▇▇▇.
Appears in 2 contracts
Sources: End User License Agreement, End User License Agreement
Limitations and exclusions of liability. 12.1 14.1 Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this ▇▇▇▇, except to the extent permitted by law.
12.2 14.2 The limitations and exclusions of liability set out in this Clause 12 14 and elsewhere in this ▇▇▇▇:
(a) are subject to Clause 12.114.1; and
(b) govern all liabilities arising under this ▇▇▇▇ or relating to the subject matter of this ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this ▇▇▇▇.
12.3 14.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
12.4 14.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
12.5 14.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
12.6 14.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
12.7 14.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
12.8 14.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
12.9 The liability of the Licensor to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇ in the 12 month period preceding the commencement of the event or events.
12.10 The aggregate liability of the Licensor to the User under this ▇▇▇▇ shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇.
Appears in 1 contract
Sources: End User License Agreement
Limitations and exclusions of liability. 12.1 16.1 Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's ’s statutory rights will not be excluded or limited by this ▇▇▇▇, except to the extent permitted by law.
12.2 16.2 The limitations and exclusions of liability set out in this Clause 12 16 and elsewhere in this ▇▇▇▇:
(a) are subject to Clause 12.116.1; and
(b) govern all liabilities arising under this ▇▇▇▇ or relating to the subject matter of this ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this ▇▇▇▇.
12.3 16.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
12.4 16.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
12.5 16.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
12.6 16.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
12.7 16.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
12.8 16.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
12.9 16.9 The liability of the Licensor to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇ in the 12 month period preceding the commencement of the event or events.
12.10 16.10 The aggregate liability of the Licensor to the User under this ▇▇▇▇ shall not exceed the greater of:
(a) 1 GBP; and
(b) of the total amount paid and payable by the User to the Licensor under this ▇▇▇▇.
Appears in 1 contract
Sources: End User License Agreement (Eula)
Limitations and exclusions of liability. 12.1 9.1 Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or;
(d) exclude any liabilities that may not be excluded under applicable law, or
(e) limit indemnity rights, obligations, or liabilities arising out of User Indemnity Events or Licensor Indemnity Events. and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this ▇▇▇▇, except to the extent permitted by law.
12.2 9.2 The limitations and exclusions of liability set out in this Clause 12 9 and elsewhere in this ▇▇▇▇EULA:
(a) are subject to Clause 12.19.1; and
(b) govern all liabilities arising under this ▇▇▇▇ or relating to the subject matter of this ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this ▇▇▇▇.
12.3 9.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
12.4 The Licensor 9.4 Neither Party will not be liable to the User other Party in respect of any loss of profits or anticipated savings.
12.5 The Licensor 9.5 Neither Party will not be liable to the User other Party in respect of any loss of revenue or income.
12.6 The Licensor 9.6 Neither Party will not be liable to the User other Party in respect of any loss of business, contracts or opportunities.
12.7 9.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
12.8 The Licensor 9.8 Neither Party will not be liable to the User other Party in respect of any special, indirect or consequential loss or damage.
12.9 The liability of the Licensor to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇ in the 12 month period preceding the commencement of the event or events.
12.10 9.9 The aggregate liability of the Licensor to the User under this ▇▇▇▇ shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇.
Appears in 1 contract
Sources: End User License Agreement (Eula)
Limitations and exclusions of liability. 12.1 10.1 Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this ▇▇▇▇, except to the extent permitted by law.
12.2 10.2 The limitations and exclusions of liability set out in this Clause 12 10 and elsewhere in this ▇▇▇▇EULA:
(a) are subject to Clause 12.110.1; and
(b) govern all liabilities arising under this ▇▇▇▇ or relating to the subject matter of this ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this ▇▇▇▇.
12.3 10.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
12.4 10.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
12.5 10.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
12.6 10.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
12.7 10.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
12.8 10.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
12.9 10.9 The liability of the Licensor to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP$150; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇ in the 12 month period preceding the commencement of the event or events.
12.10 10.10 The aggregate liability of the Licensor to the User under this ▇▇▇▇ shall not exceed the greater of:
(a) 1 GBP$250; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇.
Appears in 1 contract
Sources: End User License Agreement
Limitations and exclusions of liability. 12.1 11.1 Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this ▇▇▇▇, except to the extent permitted by law.
12.2 11.2 The limitations and exclusions of liability set out in this Clause 12 11 and elsewhere in this ▇▇▇▇:
(a) are subject to Clause 12.111.1; and
(b) govern all liabilities arising under this ▇▇▇▇ or relating to the subject matter of this ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this ▇▇▇▇.
12.3 11.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
12.4 11.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
12.5 11.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
12.6 11.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
12.7 11.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
12.8 11.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
12.9 11.9 The liability of the Licensor to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇ in the 12 month months period preceding the commencement of the event or events.
12.10 11.10 The aggregate liability of the Licensor to the User under this ▇▇▇▇ shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇.
Appears in 1 contract
Sources: End User License Agreement
Limitations and exclusions of liability. 12.1 Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this ▇▇▇▇, except to the extent permitted by law.
12.2 The limitations and exclusions of liability set out in this Clause 12 and elsewhere in this ▇▇▇▇:
(a) are subject to Clause 12.1; and
(b) govern all liabilities arising under this ▇▇▇▇ or relating to the subject matter of this ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this ▇▇▇▇.
12.3 The Licensor BDQ will not be liable to the User Licensee in respect of any losses arising out of a Force Majeure Event.
12.4 The Licensor BDQ will not be liable to the User Licensee in respect of of:
(a) any loss of profits or anticipated savings.;
12.5 The Licensor will not be liable to the User in respect of (b) any loss of revenue or income.;
12.6 The Licensor will not be liable to the User in respect of (c) any loss of business, contracts or opportunities; or
(d) any special, indirect or consequential loss or damage.
12.7 The Licensor 12.5 BDQ will not be liable to the User Licensee in respect of any loss or corruption of any data, database or software, providing that this Clause 12.5 will not affect any liability of BDQ under the DPA.
12.8 The Licensor 12.6 BDQ will not be liable to the User Licensee in respect of any special, indirect or consequential loss or damagedamage arising out of any act or omission of a Distribution Platform operator or Third Party Software provider.
12.9 12.7 The liability of the Licensor BDQ to the User Licensee under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBPGBP 5,000; and
(b) the total amount paid and payable by the User Licensee to the Licensor BDQ under this ▇▇▇▇ in the 12 12-month period preceding the commencement of the event or events.
12.10 12.8 The aggregate liability of the Licensor BDQ to the User Licensee under this ▇▇▇▇ shall not exceed GBP 50,000.
12.9 If the greater of:
(a) 1 GBP; and
(b) Licensee uses the total amount paid and payable by the User to the Licensor Software or Software Services under this ▇▇▇▇ on a free-of-charge basis, then BDQ will not be liable to the Licensee in relation to any loss or damage arising under this ▇▇▇▇ or relating to the Software or Software Services.
Appears in 1 contract
Sources: End User License Agreement
Limitations and exclusions of liability. 12.1 9.1 Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this ▇▇▇▇, except to the extent permitted by law.
12.2 9.2 The limitations and exclusions of liability set out in this Clause 12 9 and elsewhere in this ▇▇▇▇:
(a) are subject to Clause 12.19.1; and
(b) govern all liabilities arising under this ▇▇▇▇ or relating to the subject matter of this ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this ▇▇▇▇.
12.3 9.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
12.4 9.4 The Licensor will not be liable to the User in respect of any business losses, including loss of profits or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
12.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
12.7 9.5 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
12.8 9.6 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
12.9 9.7 The liability of the Licensor to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇ in the 12 month period preceding the commencement of the event or events[amount].
12.10 The aggregate liability of the Licensor to the User under this ▇▇▇▇ shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇.
Appears in 1 contract
Sources: End User License Agreement
Limitations and exclusions of liability. 12.1 12.1. Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this ▇▇▇▇, except to the extent permitted by law.
12.2 12.2. The limitations and exclusions of liability set out in this Clause 12 and elsewhere in this ▇▇▇▇:
(a) are subject to Clause 12.1; and
(b) govern all liabilities arising under this ▇▇▇▇ or relating to the subject matter of this ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this ▇▇▇▇.
12.3 12.3. The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
12.4 12.4. The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
12.5 12.5. The Licensor will not be liable to the User in respect of any loss of revenue or income.
12.6 12.6. The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
12.7 12.7. The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
12.8 12.8. The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
12.9 12.9. The total liability of the Licensor to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇ in the 12 month 30-day period preceding the commencement of the event or events.
12.10 The aggregate liability of the Licensor to the User under this ▇▇▇▇ shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇.
Appears in 1 contract
Sources: End User License Agreement (Eula)
Limitations and exclusions of liability. 12.1 13.1 Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this the ▇▇▇▇, except to the extent permitted by law.
12.2 13.2 The limitations and exclusions of liability set out in this Clause 12 13 and elsewhere in this ▇▇▇▇:
(a) are subject to Clause 12.1Clauses 13.1 and 16.6; and
(b) govern all liabilities arising under this the ▇▇▇▇ or relating to the subject matter of this the ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this the ▇▇▇▇.
12.3 13.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
12.4 13.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
12.5 13.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
12.6 13.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
12.7 13.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
12.8 13.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
12.9 The liability of the Licensor to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇ in the 12 month period preceding the commencement of the event or events.
12.10 The aggregate liability of the Licensor to the User under this ▇▇▇▇ shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇.
Appears in 1 contract
Sources: End User License Agreement
Limitations and exclusions of liability. 12.1 14.1 Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this ▇▇▇▇, except to the extent permitted by law.
12.2 14.2 The limitations and exclusions of liability set out in this Clause 12 14 and elsewhere in this ▇▇▇▇:
(a) are subject to Clause 12.1Clauses 14.1 and 17.6; and
(b) govern all liabilities arising under this ▇▇▇▇ or relating to the subject matter of this ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this ▇▇▇▇.
12.3 14.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
12.4 14.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
12.5 14.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
12.6 14.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
12.7 14.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
12.8 14.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
12.9 14.9 The liability of the Licensor to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇ in the 12 month period preceding the commencement of the event or events].
12.10 14.10 The aggregate liability of the Licensor to the User under this ▇▇▇▇ shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇.
Appears in 1 contract
Sources: End User License Agreement
Limitations and exclusions of liability. 12.1 12.1. To the maximum extent permitted by any applicable law, the Licensor excludes its liability under this ▇▇▇▇.
12.2. Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable English law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this ▇▇▇▇, except to the extent permitted by English law.
12.2 12.3. The limitations and exclusions of liability set out in this Clause 12 and elsewhere in this ▇▇▇▇:
(a) are subject to Clause 12.1; and
(b) govern all liabilities arising under this ▇▇▇▇ or relating to the subject matter of this ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this ▇▇▇▇.
12.3 12.4. The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
12.4 12.5. The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
12.5 12.6. The Licensor will not be liable to the User in respect of any loss of revenue or income.
12.6 12.7. The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
12.7 12.8. The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
12.8 12.9. The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
12.9 12.10. The total liability of the Licensor to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇ in the 12 month 30-day period preceding the commencement of the event or events.
12.10 The aggregate liability of the Licensor to the User under this ▇▇▇▇ shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇.
Appears in 1 contract
Sources: End User License Agreement (Eula)
Limitations and exclusions of liability. 12.1 7.1 Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this the ▇▇▇▇, except to the extent permitted by law.
12.2 7.2 The limitations and exclusions of liability set out in this Clause 12 7 and elsewhere in this ▇▇▇▇:
(a) are subject to Clause 12.1Clauses 7.1 and 8.6; and
(b) govern all liabilities arising under this the ▇▇▇▇ or relating to the subject matter of this the ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this the ▇▇▇▇.
12.3 7.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
12.4 7.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
12.5 7.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
12.6 7.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
12.7 7.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
12.8 7.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
12.9 The liability of the Licensor to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇ in the 12 month period preceding the commencement of the event or events.
12.10 The aggregate liability of the Licensor to the User under this ▇▇▇▇ shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇.
Appears in 1 contract
Sources: End User License Agreement
Limitations and exclusions of liability. 12.1 13.1 Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(cb) limit any liabilities in any way that is not permitted under applicable law; or
(dc) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this ▇▇▇▇, except to the extent permitted by law.
12.2 13.2 The limitations and exclusions of liability set out in this Clause 12 13 and elsewhere in this ▇▇▇▇:
(a) are subject to Clause 12.113.1; and
(b) govern all liabilities arising under this ▇▇▇▇ or relating to the subject matter of this ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this ▇▇▇▇.
12.3 13.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
12.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
12.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
12.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
12.7 13.4 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
12.8 13.5 The Licensor will not be liable to the User in respect of any special, indirect indirect, incidental or consequential loss or damage.
12.9 13.6 The Licensor will not be in any way liable to the User in respect of any identifiable User Data that constitutes PHI submitted onto or accessed through the Platform by the User except where the User has entered into a separate business associate agreement with the Licensor, a copy of which is available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇/baa, pursuant to the provisions of clause 7.4.
13.7 With respect to any Product Database that Licensor may make available to the User, in addition to the other provisions of this Clause 13, any access to the Product Database by the User is subject to the provisions set out at 13.7(a) to 13.7(i) below.
(a) The contents of any Product Database, including the text, HCPCS or other codes, images, graphics and all other materials contained therein (“Content”), are being provided for informational purposes only;
(b) vTail does not provide clinical advice or diagnostic services. Content should not be regarded as an alternative to seeking clinical advice, diagnosis or treatment and you should always ensure that you seek the advice of a physician or other appropriately qualified healthcare practitioner with any questions relating to a medical condition or the use of any product;
(c) Content is not a replacement for manufacturer instructions and it is your responsibility to verify any product information and its suitability for your intended use with the manufacturer, which you may contact using the messaging or chat service within the Mobile App.
(d) Content is based upon information made available to vTail by third parties and is subject to continuous change. Whilst we have made all reasonable efforts to ensure that all Content is accurate, complete and up to date at the time of its inclusion in the Product Database, there may be inadvertent errors for which we take no responsibility.
(e) Where there are links within the Product Database to a manufacturer or product, these are clearly marked as external websites or external links. vTail is not responsible for the contents or the reliability or the linked websites and does not necessarily endorse any views expressed within them.
(f) Listing of websites and products should not be taken as an endorsement by vTail and it is your responsibility to check the terms and conditions of any other websites you may visit. We cannot guarantee that all of the links within the Product Database will work all of the time and we have no control over the availability of the linked pages.
(g) Any use by you of the Product Database is at your own risk and vTail makes no representation or warranty as to the accuracy, completeness or fitness of the Content for any particular purpose and shall have no responsibility or liability for damages of any kind (save to the extent they may not be excluded by law), whether direct or indirect, special, incidental, consequential or punitive, arising from any loss, harm, claim or expense that may be suffered by you or a third party as a result of your usage of the Product Database and the Content.
(h) You agree to indemnify and hold harmless vTail and its officers, employees, directors, shareholders, representatives, agents, successors and assigns against any and all claims, actions or demands, whether such liability is based in tort, contract or otherwise, which may arise as a result of your use of the Product Database and its Content.
(i) The Content of the Product Database, including but not limited to logos, names, graphics, images and product information, may be protected by intellectual property rights. Any and all rights such rights are acknowledged to and remain the property of their respective owners.
13.8 With respect to the User’s participation in vGroups, in addition to the provisions of this ▇▇▇▇, participation shall also be subject to the provisions set out in the vGroups Rules notified to the User at the time of becoming a member of a vGroup, as well as the provisions set out at 13.8(a) to 13.3(c) below.
(a) Chats and other exchanges taking place within vGroups are for educational purposes only. No chat or other exchange should be construed as clinical advice and may not be relied upon by any User for the treatment of patients.
(b) Any use made by a User of any information exchanged whilst participating in vGroups is made at the User’s own risk and the Licensor makes no representation or warranty as to the accuracy, completeness or fitness of the information for any purpose and shall have no responsibility or liability for damages of any kind (save to the extent they may not be excluded by law), whether direct or indirect, special, incidental, consequential or punitive, arising from any loss, harm, claim or expense that may be suffered by the User or a third party as a result of the User’s use of such information.
(c) The User agrees to indemnify and hold harmless the Licensor and its officers, employees, directors, shareholders, representative, agents, successors and assigns against any and all claims, actions or demands, whether such liability is based in tort, contract or otherwise, which may arise as a result of the User’s conduct within vGroups discussions and the use of any information which may be derived from a vGroups.
(d) The Licensor reserves the right to remove any vGroup initiated, sponsored or coordinated by any person or entity which is not a paying Customer of the Licensor at any time and shall have no responsibility or liability for damages of any kind (save to the extent they may not be excluded by law), whether direct or indirect, special, incidental, consequential or punitive, arising from any loss, harm, claim or expense that may be suffered by any User who is a member of the relevant vGroup or a third party as a result of so doing.
13.9 The liability of the Licensor to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇ in the 12 month period preceding the commencement of the event or events$50.
12.10 13.10 The aggregate liability of the Licensor to the User under this ▇▇▇▇ shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇$100.
Appears in 1 contract
Sources: End User License Agreement
Limitations and exclusions of liability. 12.1 9.1 Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this ▇▇▇▇, except to the extent permitted by law.
12.2 9.2 The limitations and exclusions of liability set out in this Clause 12 9 and elsewhere in this ▇▇▇▇:
(a) are subject to Clause 12.1Clauses 9.1 and 12.6; and
(b) govern all liabilities arising under this ▇▇▇▇ or relating to the subject matter of this ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this ▇▇▇▇.
12.3 9.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
12.4 9.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
12.5 9.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
12.6 9.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
12.7 9.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
12.8 9.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
12.9 9.9 The liability of the Licensor to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇ in the 12 month period preceding the commencement of the event or events.
12.10 The aggregate liability of the Licensor to the User under this ▇▇▇▇ shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇.
Appears in 1 contract
Sources: End User License Agreement
Limitations and exclusions of liability. 12.1 14.1 Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this ▇▇▇▇, except to the extent permitted by law.
12.2 14.2 The limitations and exclusions of liability set out in this Clause 12 14 and elsewhere in this ▇▇▇▇:
(a) are subject to Clause 12.1Clauses 14.1 and 17.6; and
(b) govern all liabilities arising under this ▇▇▇▇ or relating to the subject matter of this ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this ▇▇▇▇.
12.3 14.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
12.4 14.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
12.5 14.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
12.6 14.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
12.7 14.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
12.8 14.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
12.9 14.9 The liability of the Licensor to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇ in the 12 month period preceding the commencement of the event or events.
12.10 14.10 The aggregate liability of the Licensor to the User under this ▇▇▇▇ shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇.]
Appears in 1 contract
Sources: End User License Agreement (Eula)
Limitations and exclusions of liability. 12.1 14.1 Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this ▇▇▇▇, except to the extent permitted by law.
12.2 14.2 The limitations and exclusions of liability set out in this Clause 12 14 and elsewhere in this ▇▇▇▇:
(a) are subject to Clause 12.114.1; and
(b) govern all liabilities arising under this ▇▇▇▇ or relating to the subject matter of this ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this ▇▇▇▇.
12.3 14.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
12.4 14.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
12.5 14.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
12.6 14.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
12.7 14.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
12.8 14.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
12.9 14.9 The liability of the Licensor to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇ in the 12 month 30-day period preceding the commencement of the event or events.
12.10 The aggregate liability of the Licensor to the User under this ▇▇▇▇ shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇.
Appears in 1 contract
Sources: End User License Agreement
Limitations and exclusions of liability. 12.1 14.1 Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this the ▇▇▇▇, except to the extent permitted by law.
12.2 14.2 The limitations and exclusions of liability set out in this Clause 12 14 and elsewhere in this ▇▇▇▇:
(a) are subject to Clause 12.1Clauses 14.1 and 17.6; and
(b) govern all liabilities arising under this the ▇▇▇▇ or relating to the subject matter of this the ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this the ▇▇▇▇.
12.3 14.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
12.4 14.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
12.5 14.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
12.6 14.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
12.7 14.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
12.8 14.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
12.9 The liability of the Licensor to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇ in the 12 month period preceding the commencement of the event or events.
12.10 The aggregate liability of the Licensor to the User under this ▇▇▇▇ shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇.
Appears in 1 contract
Sources: End User License Agreement
Limitations and exclusions of liability. 12.1 13.1 Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(cb) limit any liabilities in any way that is not permitted under applicable law; or
(dc) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this ▇▇▇▇, except to the extent permitted by law.
12.2 13.2 The limitations and exclusions of liability set out in this Clause 12 13 and elsewhere in this ▇▇▇▇:
(a) are subject to Clause 12.113.1; and
(b) govern all liabilities arising under this ▇▇▇▇ or relating to the subject matter of this ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this ▇▇▇▇.
12.3 13.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
12.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
12.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
12.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
12.7 13.4 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
12.8 13.5 The Licensor will not be liable to the User in respect of any special, indirect indirect, incidental or consequential loss or damage.
12.9 13.6 The Licensor will not be in any way liable to the User in respect of any identifiable User Data that constitutes PHI submitted onto or accessed through the Platform by the User except where the User has entered into a separate business associate agreement with the Licensor, a copy of which is available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇/baa, pursuant to the provisions of clause 7.4.
13.7 The liability of the Licensor to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇ in the 12 month period preceding the commencement of the event or events$50.
12.10 13.8 The aggregate liability of the Licensor to the User under this ▇▇▇▇ shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇$100.
Appears in 1 contract
Sources: End User License Agreement
Limitations and exclusions of liability. 12.1 14.1 Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this ▇▇▇▇, except to the extent permitted by law.
12.2 14.2 The limitations and exclusions of liability set out in this Clause 12 14 and elsewhere in this ▇▇▇▇EULA:
(a) are subject to Clause 12.114.1; and
(b) govern all liabilities arising under this ▇▇▇▇ or relating to the subject matter of this ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this ▇▇▇▇.
12.3 14.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
12.4 14.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
12.5 14.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
12.6 14.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
12.7 14.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
12.8 14.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
12.9 14.9 The liability of the Licensor to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP[amount]; and
(b) [the total amount paid and payable by the User to the Licensor under this ▇▇▇▇ in the [12 month month] period preceding the commencement of the event or events].
12.10 14.10 The aggregate liability of the Licensor to the User under this ▇▇▇▇ shall not exceed the greater of:
(a) 1 GBP[amount]; and
(b) [the total amount paid and payable by the User to the Licensor under this ▇▇▇▇].
Appears in 1 contract
Sources: End User License Agreement
Limitations and exclusions of liability. 12.1 14.1 Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this ▇▇▇▇, except to the extent permitted by law.
12.2 14.2 The limitations and exclusions of liability set out in this Clause 12 14 and elsewhere in this ▇▇▇▇:
(a) are subject to Clause 12.1Clauses 14.1 and 17.6; and
(b) govern all liabilities arising under this ▇▇▇▇ or relating to the subject matter of this ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this ▇▇▇▇.
12.3 14.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
12.4 14.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
12.5 14.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
12.6 14.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
12.7 14.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
12.8 14.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
12.9 14.9 The liability of the Licensor to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP£1; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇ in the 12 month 1 day period preceding the commencement of the event or events.
12.10 The aggregate liability of the Licensor to the User under this ▇▇▇▇ shall not exceed the greater of:
(a) 1 GBP; and
(b) the total amount paid and payable by the User to the Licensor under this ▇▇▇▇.
Appears in 1 contract
Sources: End User License Agreement
Limitations and exclusions of liability. 12.1 14.1 Nothing in this ▇▇▇▇ will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this ▇▇▇▇, except to the extent permitted by law.
12.2 14.2 The limitations and exclusions of liability set out in this Clause 12 14 and elsewhere in this ▇▇▇▇:
(a) are subject to Clause 12.1Clauses 14.1 and 17.6; and
(b) govern all liabilities arising under this ▇▇▇▇ or relating to the subject matter of this ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this ▇▇▇▇.
12.3 14.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
12.4 14.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
12.5 14.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
12.6 14.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
12.7 14.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
12.8 14.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
12.9 14.9 The liability of the Licensor to the User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the greater of:
(a) 1 GBP[amount]; and
(b) [the total amount paid and payable by the User to the Licensor under this ▇▇▇▇ in the [12 month month] period preceding the commencement of the event or events].
12.10 14.10 The aggregate liability of the Licensor to the User under this ▇▇▇▇ shall not exceed the greater of:
(a) 1 GBP[amount]; and
(b) [the total amount paid and payable by the User to the Licensor under this ▇▇▇▇].
Appears in 1 contract
Sources: End User License Agreement