Common use of Limitations and exclusions of liability Clause in Contracts

Limitations and exclusions of liability. 16.1 Nothing in this Agreement 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. 16.2 The limitations and exclusions of liability set out in this Clause 16 and elsewhere in this Agreement: (a) are subject to Clause 16.1; and (b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement. 16.3 The Provider shall not be liable to the User in respect of any losses arising out of a Force Majeure Event. 16.4 The Provider shall not be liable to the User in respect of any loss of profits or anticipated savings. 16.5 The Provider shall not be liable to the User in respect of any loss of revenue or income. 16.6 The Provider shall not be liable to the User in respect of any loss of use or production. 16.7 The Provider shall not be liable to the User in respect of any loss of business, contracts or opportunities. 16.8 The Provider shall not be liable to the User in respect of any loss or corruption of any data, database or software. 16.9 The Provider shall not be liable to the User in respect of any special, indirect or consequential loss or damage.

Limitations and exclusions of liability. 16.1 Nothing in this Agreement 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. 16.2 The limitations and exclusions of liability set out in this Clause 16 and elsewhere in this Agreement: (a) are subject to Clause 16.1; and (b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement. 16.3 The Provider shall not be liable to the User Customer in respect of any losses arising out as a result of a Force Majeure Event. 16.4 The Provider shall not be liable to the User in respect of any loss of profits or anticipated savings. 16.5 The Provider shall not be liable to the User in respect of any loss of revenue or income. 16.6 The Provider shall not be liable to the User in respect of any loss of use or production. 16.7 The Provider shall not be liable to the User in respect of any loss of business, contracts or opportunities. 16.8 The Provider shall not be liable to the User Customer in respect of any loss or corruption of any data, database or software, provided that the Provider has complied with its obligations under Clause 8.2. 16.9 16.5 The aggregate liability of the Provider to the Customer under this Agreement shall not be liable to exceed the User in respect of any special, indirect or consequential loss or damageContract Value.

Limitations and exclusions of liability. 16.1 18.1 Nothing in this Agreement 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. 16.2 18.2 The limitations and exclusions of liability set out in this Clause 16 18 and elsewhere in this Agreement: (a) are subject to Clause 16.118.1; and (b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement. 16.3 18.3 The Provider shall not be liable to the User Customer in respect of any losses arising out of a Force Majeure Event. 16.4 18.4 The Provider shall not be liable to the User Customer in respect of any loss of profits or anticipated savings. 16.5 18.5 The Provider shall not be liable to the User Customer in respect of any loss of revenue or income. 16.6 18.6 The Provider shall not be liable to the User Customer in respect of any loss of use or production. 16.7 18.7 The Provider shall not be liable to the User Customer in respect of any loss of business, contracts or opportunities. 16.8 18.8 The Provider shall not be liable to the User Customer in respect of any loss or corruption of any data, database or software; providing that this Clause 18.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 8.3 and Clause 8.4. 16.9 18.9 The Provider shall not be liable to the User Customer in respect of any special, indirect or consequential loss or damage. 18.10 The liability of the Provider to the Customer under this Agreement in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-month period preceding the commencement of the event or events. 18.11 The aggregate liability of the Provider to the Customer under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-month period preceding the commencement of the event or events.

Limitations and exclusions of liability. 16.1 18.1 Nothing in this Agreement these Terms and Conditions 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. 16.2 18.2 The limitations and exclusions of liability set out in this Clause 16 18 and elsewhere in this Agreementthese Terms and Conditions: (a) are subject to Clause 16.118.1; and (b) govern all liabilities arising under this Agreement these Terms and Conditions or relating to the subject matter of this Agreementthese Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreementthese Terms and Conditions. 16.3 18.3 The Provider shall not be liable to the User Customer in respect of any losses arising out of a Force Majeure Event. 16.4 18.4 The Provider shall not be liable to the User Customer in respect of any loss of profits or anticipated savings. 16.5 18.5 The Provider shall not be liable to the User Customer in respect of any loss of revenue or income. 16.6 18.6 The Provider shall not be liable to the User Customer in respect of any loss of use or production. 16.7 18.7 The Provider shall not be liable to the User Customer in respect of any loss of business, contracts or opportunities. 16.8 18.8 The Provider shall not be liable to the User Customer in respect of any loss or corruption of any data, database or software. 16.9 18.9 The Provider shall not be liable to the User Customer in respect of any special, indirect or consequential loss or damage.

Limitations and exclusions of liability. 16.1 Nothing in this Agreement 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. 16.2 The limitations and exclusions of liability set out in this Clause 16 and elsewhere in this Agreement: (a) are subject to Clause 16.1; and (b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement. 16.3 The Provider shall not be liable to the User Customer in respect of any losses arising out of a Force Majeure Event. 16.4 The Provider shall not be liable to the User Customer in respect of any loss of profits or anticipated savings. 16.5 The Provider shall not be liable to the User Customer in respect of any loss of revenue or income. 16.6 The Provider shall not be liable to the User Customer in respect of any loss of use or production. 16.7 The Provider shall not be liable to the User Customer in respect of any loss of business, contracts or opportunities. 16.8 The Provider shall not be liable to the User Customer in respect of any loss or corruption of any data, database or software. 16.9 The Provider shall not be liable to the User Customer in respect of any special, indirect or consequential loss or damage. 16.10 The liability of the Provider to the Customer under this Agreement in respect of any event or series of related events shall not exceed the greater of: (a) the total amount paid and payable by the Customer to the Provider under this Agreement in the 12 month period preceding the commencement of the event or events. 16.11 The aggregate liability of the Provider to the Customer under this Agreement shall not exceed the greater of:

Limitations and exclusions of liability. 16.1 14.1 Nothing in this the Agreement 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. 16.2 14.2 The limitations and exclusions of liability set out in this Clause 16 14 and elsewhere in this the Agreement: (a) are subject to Clause 16.114.1; and (b) govern all liabilities arising under this the Agreement or relating to the subject matter of this the Agreement, 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 Agreement. 16.3 The Provider 14.3 Intersoft shall not be liable to the User Customer in respect of any losses arising out of a Force Majeure Event. 16.4 The Provider 14.4 Intersoft shall not be liable to the User Customer in respect of of: (a) any loss of profits or anticipated savings.; 16.5 The Provider shall not be liable to the User in respect of (b) any loss of revenue or income.; 16.6 The Provider shall not be liable to the User in respect of (c) any loss of use or production.; or 16.7 The Provider shall not be liable to the User in respect of (d) any loss of business, contracts or opportunities. 16.8 The Provider 14.5 Intersoft shall not be liable to the User Customer in respect of any loss or corruption of any data, database or software; providing that this Clause 14.5 shall not apply to any liability of Intersoft under Clause 10. 16.9 The Provider 14.6 Intersoft shall not be liable to the User Customer in respect of any special, indirect or consequential loss or damage. 14.7 The liability of Intersoft to the Customer under the Agreement in respect of any event or series of related events shall not exceed GBP 5,000, providing that this Clause 14.7 shall not apply to any liability of Intersoft under Clause 10. 14.8 The aggregate liability of Intersoft to the Customer under the Agreement shall not exceed GBP 25,000.

Limitations and exclusions of liability. 16.1 Nothing in this Agreement 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. 16.2 The limitations and exclusions of liability set out in this Clause 16 and elsewhere in this Agreement: (a) are subject to Clause 16.1; and (b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement. 16.3 The Provider shall not be liable to the User Customer in respect of any losses arising out of a Force Majeure Event. 16.4 The Provider shall not be liable to the User Customer in respect of any loss of profits or anticipated savings. 16.5 The Provider shall not be liable to the User Customer in respect of any loss of revenue or income. 16.6 The Provider shall not be liable to the User Customer in respect of any loss of use or production. 16.7 The Provider shall not be liable to the User Customer in respect of any loss of business, contracts or opportunities. 16.8 The Provider shall not be liable to the User Customer in respect of any loss or corruption of any data, database or software; providing that this Clause 16.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 7.3 and Clause 7.4. 16.9 The Provider shall not be liable to the User Customer in respect of any special, indirect or consequential loss or damage. 16.10 The liability of the Provider to the Customer under this Agreement in respect of any event or series of related events shall not exceed the greater of: (a) £999 16.11 The aggregate liability of the Provider to the Customer under this Agreement shall not exceed the greater of: (a) £999

Limitations and exclusions of liability. 16.1 Nothing in this Agreement 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. 16.2 The limitations and exclusions of liability set out in this Clause 16 and elsewhere in this Agreement: (a) are subject to Clause 16.1; and (b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement. 16.3 The Provider Neither party shall not be liable to the User other party in respect of any losses arising out of a Force Majeure Event. 16.4 The Provider shall not be liable to the User Customer in respect of any loss of profits or anticipated savings. 16.5 The Provider shall not be liable to the User Customer in respect of any loss of revenue or income. 16.6 The Provider shall not be liable to the User Customer in respect of any loss of use or production. 16.7 The Provider shall not be liable to the User Customer in respect of any loss of business, contracts or opportunities. 16.8 The Provider shall not be liable to the User Customer in respect of any loss or corruption of any data, database or softwaresoftware unless the Provider has not complied with its obligations under Clause 7.3 and Clause 7.4. 16.9 The Provider shall not be liable to the User Customer in respect of any special, indirect or consequential loss or damage.

Limitations and exclusions of liability. 16.1 18.1 Nothing in this Agreement 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. 16.2 18.2 The limitations and exclusions of liability set out in this Clause 16 18 and elsewhere in this Agreement: (a) are subject to Clause 16.118.1; and (b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement. 16.3 18.3 The Provider shall not be liable to the User Customer in respect of any losses arising out of a Force Majeure Event. 16.4 18.4 The Provider shall not be liable to the User Customer in respect of any loss of profits or anticipated savings. 16.5 18.5 The Provider shall not be liable to the User Customer in respect of any loss of revenue or income. 16.6 18.6 The Provider shall not be liable to the User Customer in respect of any loss of use or production. 16.7 18.7 The Provider shall not be liable to the User Customer in respect of any loss of business, contracts or opportunities. 16.8 18.8 The Provider shall not be liable to the User Customer in respect of any loss or corruption of any data, database or software; providing that this Clause 18.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 8.3 and Clause 8.4. 16.9 18.9 The Provider shall not be liable to the User Customer in respect of any special, indirect or consequential loss or damage.

Limitations and exclusions of liability. 16.1 Nothing in this Agreement 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 are not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law. 16.2 The limitations and exclusions of liability set out in this Clause 16 and elsewhere in this Agreement: (a) are subject to Clause 16.1; and (b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement. 16.3 The Provider shall not be liable to the User Customer in respect of any losses arising out of a Force Majeure Event. 16.4 The Provider shall not be liable to the User Customer in respect of any loss of profits or anticipated savings. 16.5 The Provider shall not be liable to the User Customer in respect of any loss of revenue or income. 16.6 The Provider shall not be liable to the User Customer in respect of any loss of use or production. 16.7 The Provider shall not be liable to the User Customer in respect of any loss of business, contracts or opportunities. 16.8 The Provider shall not be liable to the User Customer in respect of any loss or corruption of any data, database or software; providing that this Clause 16.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 7.3 and Clause 7.4. 16.9 The Provider shall not be liable to the User Customer in respect of any special, indirect or consequential loss or damage. 16.10 The liability of the Provider to the Customer under this Agreement in respect of any event or series of related events shall not exceed the greater of: (a) $100.00; and (b) the total amount paid and payable by the Customer to the Provider under this Agreement in the 12 month period preceding the commencement of the event or events. 16.11 The aggregate liability of the Provider to the Customer under this Agreement shall not exceed the greater of: (a) $200.00; and (b) the total amount paid and payable by the Customer to the Provider under this Agreement.

Limitations and exclusions of liability. 16.1 15.1. Nothing in this Agreement will: (a) a. limit or exclude any liability for death or personal injury resulting from negligence; (b) b. limit or exclude any liability for fraud or fraudulent misrepresentation; (c) c. limit any liabilities in any way that is not permitted under applicable law; or (d) d. exclude any liabilities that may not be excluded under applicable law. 16.2 15.2. The limitations and exclusions of liability set out in this Clause 16 15 and elsewhere in this Agreement: (a) a. are subject to Clause 16.115.1; and (b) b. govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement. 16.3 The Provider 15.3. Neither party shall not be liable to the User other party in respect of any losses arising out of a Force Majeure Event. 16.4 The Provider shall not be liable to the User Event or in respect of any loss of profits or anticipated savings. 16.5 The Provider shall not be liable to the User in respect of , any loss of revenue or income. 16.6 The Provider shall not be liable to the User in respect of , any loss of use or production. 16.7 The Provider shall not be liable to the User in respect of , any loss of business, contracts or opportunities. 16.8 15.4. The Provider shall not be liable to the User Customer in respect of any loss or corruption of any data, database or software; providing that this Clause 16.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 7.3 and Clause 7.4. 16.9 The Provider 15.5. Neither party shall not be liable to the User other party in respect of any special, indirect or consequential loss or damage. 15.6. The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the greater of: (a) 50 Eur; and (b) the total amount paid and payable by the Customer to the Provider under this Agreement in the 6 month period preceding the commencement of the event or events. 15.7. The aggregate liability of each party to the other party under this Agreement shall not exceed the greater of: (a) 100 Eur; and (b) the total amount paid and payable by the Customer to the Provider under this Agreement.

Limitations and exclusions of liability. 16.1 18.1 Nothing in this Agreement 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. 16.2 18.2 The limitations and exclusions of liability set out in this Clause 16 18 and elsewhere in this Agreement: (a) are subject to Clause 16.118.1; and (b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement. 16.3 18.3 The Provider shall not be liable to the User Customer in respect of any losses arising out of a Force Majeure Event. 16.4 18.4 The Provider shall not be liable to the User Customer in respect of any loss of profits or anticipated savings. 16.5 18.5 The Provider shall not be liable to the User Customer in respect of any loss of revenue or income. 16.6 18.6 The Provider shall not be liable to the User Customer in respect of any loss of use or production. 16.7 18.7 The Provider shall not be liable to the User Customer in respect of any loss of business, contracts or opportunities. 16.8 18.8 The Provider shall not be liable to the User Customer in respect of any loss or corruption of any data, database or software; providing that this Clause 18.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 8.3 and Clause 8.4. 16.9 18.9 The Provider shall not be liable to the User Customer in respect of any special, indirect or consequential loss or damage. 18.10 The liability of the Provider to the Customer under this Agreement in respect of any event or series of related events shall not exceed the greater of: (a) £100,000; and (b) the total amount paid and payable by the Customer to the Provider under this Agreement in the 12 month period preceding the commencement of the event or events. 18.11 The aggregate liability of the Provider to the Customer under this Agreement shall not exceed the greater of: (a) £250,000; and (b) the total amount paid and payable by the Customer to the Provider under this Agreement.

Limitations and exclusions of liability. 16.1 22.1 Nothing in this the Agreement 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. 16.2 22.2 The limitations and exclusions of liability set out in this Clause 16 clause 22 and elsewhere in this the Agreement: (a) are subject to Clause 16.1clause 22.1; and (b) govern all liabilities arising under this the Agreement or relating to the subject matter of this Agreementthe Agreement (which subject matter includes the Services and the App), 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 Agreement. 16.3 The Provider 22.3 Neither party shall not be liable to the User other party in respect of any losses arising out of a Force Majeure Event. 16.4 The Provider 22.4 TIF shall not be liable to the User Customer in respect of any loss of profits or anticipated savings. 16.5 The Provider 22.5 TIF shall not be liable to the User in respect of any loss of revenue or income. 16.6 The Provider shall not be liable to the User in respect of any loss of use or production. 16.7 The Provider shall not be liable to the User in respect of any loss of business, contracts or opportunities. 16.8 The Provider shall not be liable to the User Customer in respect of any loss or corruption of any data, database or software; providing that this clause 22.5 does not apply to any liability of TIF for a breach of Clause 8.3, 16 or 18. 16.9 The Provider 22.6 TIF shall not be liable to the User Customer in respect of any special, indirect or consequential loss or damage. 22.7 The liability of TIF to the Customer under the Agreement in respect of any event or series of related events shall not exceed the greater of: (a) GBP 10,000; and (b) the total amount paid and payable by the Customer to TIF under the Agreement in the 12-month period preceding the commencement of the event or events, providing that this Clause 22.7 shall not apply to any liability of TIF under Clause 16, 18 or 21. 22.8 The aggregate liability of TIF to the Customer under the Agreement shall not exceed GBP 100,000.

Limitations and exclusions of liability. 16.1 17.1 Nothing in this Agreement 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 lawEnglish Law; or (d) exclude any liabilities that may not be excluded under applicable lawEnglish Law. 16.2 17.2 The limitations and exclusions of liability set out in this Clause 16 17 and elsewhere in this Agreement: (a) are subject to Clause 16.117.1; and (b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement. 16.3 17.3 The Provider shall not be liable to the User Customer in respect of any losses arising out of a Force Majeure Event. 16.4 17.4 The Provider shall not be liable to the User Customer in respect of any loss of profits or anticipated savings. 16.5 17.5 The Provider shall not be liable to the User Customer in respect of any loss of revenue or income. 16.6 17.6 The Provider shall not be liable to the User Customer in respect of any loss of use or production. 16.7 17.7 The Provider shall not be liable to the User Customer in respect of any loss of business, contracts or opportunities. 16.8 17.8 The Provider shall not be liable to the User Customer in respect of any loss or corruption of any data, database or software; providing that this Clause 17.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 8.3. 16.9 17.9 The Provider shall not be liable to the User Customer in respect of any special, indirect or consequential loss or damage. 17.10 The aggregate liability of the Provider to the Customer under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider under this Agreement.

Limitations and exclusions of liability. 16.1 14.1 Nothing in this Agreement 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. 16.2 14.2 The limitations and exclusions of liability set out in this Clause 16 clause 14 and elsewhere in this Agreement: (a) are subject to Clause 16.1clause 14.1; and (b) govern all liabilities arising under this the Agreement or relating to the subject matter of this the Agreement, 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 Agreement. 16.3 14.3 The Provider shall not be liable to the User Customer in respect of any losses arising out of a Force Majeure Event. 16.4 14.4 The Provider shall not be liable to the User Customer in respect of any loss of profits or profits, anticipated savings, revenue or income. 16.5 14.5 The Provider shall not be liable to the User in respect of any loss of revenue or income. 16.6 The Provider shall not be liable to the User in respect of any loss of use or production. 16.7 The Provider shall not be liable to the User in respect of any loss of business, contracts or opportunities. 16.8 The Provider shall not be liable to the User Customer in respect of any loss or corruption of any data, database or softwaresoftware providing that this clause 14.5 shall not protect the Provider unless the Provider has fully complied with its obligations under clause 6.3. 16.9 14.7 The Provider shall not be liable to the User Customer in respect of any special, indirect or consequential loss or damage. 14.8 To the maximum extent permitted by law, the Provider, its employees, officers and directors will not be liable to Customer for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or relating to this Agreement (whether that liability arises in contract, tort (including negligence) or statute) for an aggregate amount in excess of the Charges paid by Customer to the Provider in the twelve (12) months prior to the events giving rise to liability. The Provider limits its liability for breach of any guarantee that it cannot exclude to (at the Provider’s option) resupplying the Services; or paying the cost of having those Services resupplied. 14.9 Nothing in this Agreement excludes any rights a Consumer as defined in schedule 2 to the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth) (“Consumer”) may have against the Provider under the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth), if applicable. When supplied to a Consumer, the Provider’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. Consumers are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. Consumers are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Limitations and exclusions of liability. 16.1 Nothing in this Agreement 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. 16.2 The limitations and exclusions of liability set out in this Clause 16 and elsewhere in this Agreement: (a) are subject to Clause 16.1; and (b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement. 16.3 The Provider shall not be liable to the User Customer in respect of any losses arising out of a Force Majeure Event. 16.4 The Provider shall not be liable to the User Customer in respect of any loss of profits or anticipated savings. 16.5 The Provider shall not be liable to the User Customer in respect of any loss of revenue or income. 16.6 The Provider shall not be liable to the User Customer in respect of any loss of use or production. 16.7 The Provider shall not be liable to the User Customer in respect of any loss of business, contracts or opportunities. 16.8 The Provider shall not be liable to the User Customer in respect of any loss or corruption of any data, database or software. 16.9 The Provider shall not be liable to the User Customer in respect of any special, indirect or consequential loss or damage. 16.10 The liability of the Provider to the Customer under this Agreement in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer to the Provider under this Agreement in the 12 month period preceding the commencement of the event or events. 16.11 The aggregate liability of the Provider to the Customer under this Agreement shall not exceed the total amount paid and payable by the Customer to the Provider under this Agreement.

Limitations and exclusions of liability. 16.1 Nothing in this Agreement 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. 16.2 The limitations and exclusions of liability set out in this Clause 16 and elsewhere in this Agreement: (a) are subject to Clause 16.1; and (b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement. 16.3 The Provider Neither party shall not be liable to the User other party in respect of any losses arising out of a Force Majeure Event. 16.4 The Provider shall not be liable to the User Customer in respect of any loss of profits or anticipated savings. 16.5 The Provider shall not be liable to the User Custome in respect of any loss of revenue or income. 16.6 The Provider shall not be liable to the User Customer in respect of any loss of use or production. 16.7 The Provider shall not be liable to the User Customer in respect of any loss of business, contracts or opportunities. 16.8 The Provider shall not be liable to the User Customer in respect of any loss or corruption of any data, database or software. 16.9 The Provider shall not be liable to the User Customer in respect of any special, indirect or consequential loss or damage. 16.10 The liability of the Provider to the Customer under this Agreement in respect of any event or series of related events shall not exceed the greater of: (a) the total amount paid and payable by the Customer to the Provider under this Agreement in the 4 month period preceding the commencement of the event or events. 16.11 The aggregate liability of the Provider to the Customer under this Agreement shall not exceed the greater of: (a) the total amount paid and payable by the Customer to the Provider under this Agreement.

Limitations and exclusions of liability. 16.1 18.1 Nothing in this Agreement 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. 16.2 18.2 The limitations and exclusions of liability set out in this Clause 16 18 and elsewhere in this Agreement: (a) are subject to Clause 16.118.1; and (b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement. 16.3 18.3 The Provider shall not be liable to the User Customer in respect of any losses arising out of a Force Majeure Event. 16.4 18.4 The Provider shall not be liable to the User Customer in respect of any loss of profits or anticipated savings. 16.5 18.5 The Provider shall not be liable to the User Customer in respect of any loss of revenue or income. 16.6 18.6 The Provider shall not be liable to the User Customer in respect of any loss of use or production. 16.7 18.7 The Provider shall not be liable to the User Customer in respect of any loss of business, contracts or opportunities. 16.8 18.8 The Provider shall not be liable to the User Customer in respect of any loss or corruption of any data, database or software; providing that this Clause 18.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 8.3 and Clause 8.4. 16.9 18.9 The Provider shall not be liable to the User Customer in respect of any special, indirect or consequential loss or damage. 18.10 The liability of the Provider to the Customer under this Agreement in respect of any event or series of related events shall not exceed the greater of: (a) [amount]; and (b) the total amount paid and payable by the Customer to the Provider under this Agreement in the 12-month period preceding the commencement of the event or events. 18.11 The aggregate liability of the Provider to the Customer under this Agreement shall not exceed the greater of: (a) [amount]; and (b) the total amount paid and payable by the Customer to the Provider under this Agreement.

Limitations and exclusions of liability. 16.1 Nothing in this Agreement 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. 16.2 The limitations and exclusions of liability set out in this Clause 16 and elsewhere in this Agreement: (a) are subject to Clause 16.1; and (b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement. 16.3 The Provider under this Agreement shall not be liable to the User Customer in respect of any losses arising out of a Force Majeure Event. 16.4 The Provider under this Agreement shall not be liable to the User Customer in respect of any loss of profits or anticipated savings. 16.5 The Provider under this Agreement shall not be liable to the User Customer in respect of any loss of revenue or income. 16.6 The Provider under this Agreement shall not be liable to the User Customer in respect of any loss of use or production. 16.7 The Provider under this Agreement shall not be liable to the User Customer in respect of any loss of business, contracts or opportunities. 16.8 The Provider under this Agreement shall not be liable to the User Customer in respect of any loss or corruption of any data, database or software. 16.9 The Provider shall not be liable to the User in respect of any special, indirect or consequential loss or damage.; providing that this Clause

Limitations and exclusions of liability. 16.1 14.1. Nothing in this Agreement 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. 16.2 14.2. The limitations and exclusions of liability set out in this Clause 16 and elsewhere in this Agreement: (a) are subject to Clause 16.114.1; and (b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement. 16.3 The Provider 14.3. Neither party shall not be liable to the User other party in respect of any losses arising out of a Force Majeure Event. 16.4 14.4. The Provider shall not be liable to the User Customer in respect of any loss of profits or anticipated savings. 16.5 The Provider 14.5. Neither party shall not be liable to the User other party in respect of any loss of revenue or income. 16.6 The Provider 14.6. Neither party shall not be liable to the User other party in respect of any loss of use or production. 16.7 The Provider 14.7. Neither party shall not be liable to the User other party in respect of any loss of business, contracts or opportunities. 16.8 The Provider 14.8. Neither party shall not be liable to the User other party in respect of any loss or corruption of any data, database or software; provided always that this Clause 14.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 6.3 and Clause 6.4. 16.9 The Provider 14.9. Neither party shall not be liable to the User other party in respect of any special, indirect or consequential loss or damage. 14.10. The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed £5million.