Common use of Limitations and exclusions of liability Clause in Contracts

Limitations and exclusions of liability. 8.1 Nothing in the ▇▇▇▇ will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law, and, if you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the ▇▇▇▇. 8.2 The limitations and exclusions of liability set out in this Clause [8] and elsewhere in the ▇▇▇▇: (a) are subject to Clause [8.1]; and (b) govern all liabilities arising under the ▇▇▇▇ or in relation to the subject matter of the ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. 8.3 The Licensor will not be liable to the Licensee for any losses arising out of a Force Majeure Event. 8.4 The Licensor will not be liable to the Licensee in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. 8.5 The Licensor will not be liable to the Licensee in respect of any loss or corruption of any data, database or software. 8.6 The Licensor will not be liable to the Licensee in respect of any special, indirect or consequential loss or damage. 8.7 The Licensor’s aggregate liability to the Licensee will not exceed the total amount paid for the License(s) by the Licensee.

Appears in 2 contracts

Sources: End User License Agreement (Eula), End User License Agreement (Eula)

Limitations and exclusions of liability. 8.1 ● 13.1 Nothing in the this ▇▇▇▇ will: (a) limit or exclude the any liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the any liability of a party for fraud or fraudulent misrepresentation by that partymisrepresentation; (c) limit any liability of a party liabilities in any way that is not permitted under applicable law; or or ○ (d) exclude any liability of a party liabilities that may not be excluded under applicable law, and, if you are a party is a consumer, any that party’s statutory rights which you have, which canwill not be excluded or limited, will not be affected limited by the this ▇▇▇▇, except to the extent permitted by law. 8.2 ● 13.2 The limitations and exclusions of liability set out in this Clause [8] 13 and elsewhere in the this ▇▇▇▇: : ○ (a) are subject to Clause [8.1]Clauses 13.1 and 16.6; and and ○ (b) govern all liabilities arising under the this ▇▇▇▇ or in relation relating to the subject matter of the 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 ▇▇▇▇. 8.3 ● 13.3 The Licensor will not be liable to the Licensee for User in respect of any losses arising out of a Force Majeure Event. 8.4 ● 13.4 The Licensor will not be liable to the Licensee User in respect of any business losses, such as loss of profits or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. 8.5 ● 13.5 The Licensor will not be liable to the Licensee User in respect of any loss of revenue or income. ● 13.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities. ● 13.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software. 8.6 ● 13.8 The Licensor will not be liable to the Licensee User in respect of any special, indirect or consequential loss or damage. 8.7 ● 13.9 The Licensor’s aggregate liability of the Licensor to the Licensee will User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the total amount paid for the License(sgreater of: (a) by the Licensee.€ 2.000,–; and

Appears in 2 contracts

Sources: End User License Agreement, End User License Agreement

Limitations and exclusions of liability. 8.1 Nothing in the ▇▇▇▇ EULA will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law, and, if you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the ▇▇▇▇EULA. 8.2 The limitations and exclusions of liability set out in this Clause [8] 8 and elsewhere in the ▇▇▇▇EULA: (a) are subject to Clause [8.1]; and (b) govern all liabilities arising under the ▇▇▇▇ or in relation to the subject matter of the ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. 8.3 The Licensor will not be liable to the Licensee for any losses arising out of a Force Majeure Event. 8.4 The Licensor will not be liable to the Licensee in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. 8.5 The Where the Licensee is a business customer, the Licensor will not be liable to the Licensee in respect of any loss or corruption of any data, database or software. 8.6 The Where the Licensee is a business customer, the Licensor will not be liable to the Licensee in respect of any special, indirect or consequential loss or damage. 8.7 The Where the Licensee is a business customer, the Licensor’s 's aggregate liability to the Licensee will not exceed the total amount paid for value of the License(s) by the Licenseeproduct.

Appears in 1 contract

Sources: End User License Agreement (Eula)

Limitations and exclusions of liability. 8.1 12.1 Nothing in the ▇▇▇▇ this EUSA will: (a) limit or exclude the any liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the any liability of a party for fraud or fraudulent misrepresentation by that partymisrepresentation; (c) limit any liability of a party liabilities in any way that is not permitted under applicable law; or (d) exclude any liability of a party liabilities that may not be excluded under applicable law, and, if you are a party is a consumer, any that party's statutory rights which you have, which canimplied under section 12 Sale of Goods ▇▇▇ ▇▇▇▇ or section 2 of the Supply of Goods ▇▇▇ ▇▇▇▇ will not be excluded or limited, will not be affected limited by the ▇▇▇▇EUSA, except to the extent permitted by law. 8.2 12.2 The limitations and exclusions of liability set out in this Clause [8] 12 and elsewhere in the ▇▇▇▇this EUSA: (a) are subject to Clause [8.1]12.1; and (b) govern all liabilities arising under the ▇▇▇▇ EUSA or in relation relating to the subject matter of the ▇▇▇▇EUSA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in the EUSA. 8.3 12.3 The Licensor will not in any circumstances be liable to the Licensee for User in respect of any losses or damage which may be suffered by the User (or any person claiming under or through the User) whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever which fall within any of the following: - 12.3.1 arising out of a Force Majeure Event.; 8.4 The Licensor will not be liable to the Licensee 12.3.2 in respect of any business losses, such as loss of profits or damage to profits, income, revenue, use, production, anticipated savings, ; 12.3.3 in respect of any loss of revenue or income; 12.3.4 special damage even if the Licensor was aware of the circumstances in which such special damage could arise; 12.3.5 in respect of any loss of business, contracts, commercial opportunities contracts or goodwill.opportunities; 8.5 The Licensor will not be liable to the Licensee 12.3.6 in respect of any loss or corruption of any data, database or software; or 12.3.7 any change in the functionality of the respective tier or withdrawal of any tier on notice. 8.6 12.4 The Licensor will not be liable total liability of the Licensor, whether in contract, tort (including negligence) or otherwise and whether in connection with this licence or any collateral contract, shall in no circumstances exceed a sum equal to the Licensee Fee. 12.5 The User agrees that, in entering into this Licence, either it did not rely on any representations (whether written or oral) of any kind or of any person other than those expressly set out in this Licence or (if it did rely on any representations, whether written or oral, not expressly set out in this Licence) that it shall have no remedy in respect of such representations and (in either case) the Licensor shall have no liability in any special, indirect or consequential loss or damagecircumstances otherwise than in accordance with the express terms of this Licence. 8.7 The Licensor’s aggregate liability to the Licensee will not exceed the total amount paid for the License(s) by the Licensee.

Appears in 1 contract

Sources: End User Subscription Agreement (Eusa)

Limitations and exclusions of liability. 8.1 ● 13.1 Nothing in the this ▇▇▇▇ will: (a) limit or exclude the any liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the any liability of a party for fraud or fraudulent misrepresentation by that partymisrepresentation; (c) limit any liability of a party liabilities in any way that is not permitted under applicable law; or or ○ (d) exclude any liability of a party liabilities that may not be excluded under applicable law, and, if you are a party is a consumer, any that party’s statutory rights which you have, which canwill not be excluded or limited, will not be affected limited by the this ▇▇▇▇, except to the extent permitted by law. 8.2 ● 13.2 The limitations and exclusions of liability set out in this Clause [8] 13 and elsewhere in the this ▇▇▇▇: : ○ (a) are subject to Clause [8.1]Clauses 13.1 and 16.6; and and ○ (b) govern all liabilities arising under the this ▇▇▇▇ or in relation relating to the subject matter of the 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 ▇▇▇▇. 8.3 ● 13.3 The Licensor will not be liable to the Licensee for User in respect of any losses arising out of a Force Majeure Event. 8.4 ● 13.4 The Licensor will not be liable to the Licensee User in respect of any business losses, such as loss of profits or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. 8.5 ● 13.5 The Licensor will not be liable to the Licensee User in respect of any loss of revenue or income. ● 13.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities. ● 13.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software. 8.6 ● 13.8 The Licensor will not be liable to the Licensee User in respect of any special, indirect or consequential loss or damage. 8.7 ● 13.9 The Licensor’s aggregate liability of the Licensor to the Licensee will User under this ▇▇▇▇ in respect of any event or series of related events shall not exceed the total amount paid for the License(sgreater of: (a) by the Licensee.€ 2.000,–; and

Appears in 1 contract

Sources: End User License Agreement

Limitations and exclusions of liability. 8.1 7.1 Nothing in the ▇▇▇▇ will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law, and, if you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the ▇▇▇▇. 8.2 7.2 The limitations and exclusions of liability set out in this Clause [8] 7 and elsewhere in the ▇▇▇▇: (a) are subject to Clause [8.1]7.1; and (b) govern all liabilities arising under the ▇▇▇▇ or in relation to the subject matter of the ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. 8.3 7.3 The Licensor will not be liable to the Licensee for any losses arising out of a Force Majeure Event. 8.4 7.4 The Licensor will not be liable to the Licensee in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. 8.5 7.5 The Licensor will not be liable to the Licensee in respect of any loss or corruption of any data, database or software. 8.6 7.6 The Licensor will not be liable to the Licensee in respect of any special, indirect or consequential loss or damage. 8.7 7.7 The Licensor’s 's aggregate liability to the Licensee will not exceed (i) in case of sole payment by the total Licensee, the charges and fees paid in respect of the Software licence that specifically caused the damage or that are subject to the action or that are directly linked to the cause of the action implicating the liability of the Licensor and (ii) in case of periodical payments the aggregate amount of the charges and fees paid for the License(s) by last period of twelve months for the LicenseeSoftware licence that specifically caused the damage or that are subject to the action or that are directly linked to the cause of the action implicating the liability of the Licensor.

Appears in 1 contract

Sources: End User License Agreement (Eula)

Limitations and exclusions of liability. 8.1 10.1 Nothing in the ▇▇▇▇ Agreement will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law, and, if you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the ▇▇▇▇. 8.2 10.2 The limitations and exclusions of liability set out in this Clause [8] 10 and elsewhere in the ▇▇▇▇Agreement: (a) are subject to Clause [8.1]; and10.1; (b) govern all liabilities arising under the ▇▇▇▇ Agreement or any collateral contract or in relation to the subject matter of the ▇▇▇▇Agreement or any collateral contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.; and 8.3 10.3 The Licensor Provider will not be liable to the Licensee for any losses arising out of a Force Majeure Event. 8.4 The Licensor will not be liable to the Licensee in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, production or anticipated savings, business, contracts, commercial opportunities or goodwill. 8.5 10.4 The Licensor Provider will not be liable for any loss of business, contracts or commercial opportunities. 10.5 The Provider will not be liable for any loss of or damage to the Licensee goodwill or reputation. 10.6 The Provider will not be liable in respect of any loss or corruption of any data, database or software. 8.6 10.7 The Licensor Provider will not be liable to the Licensee in respect of any special, indirect or consequential loss or damage. 8.7 10.8 Neither party will be liable for any losses arising out of a Force Majeure Event. 10.9 The LicensorProvider’s aggregate liability in relation to the Licensee any event or series of related events will not exceed the total amount paid for the License(s) and payable by the LicenseeCustomer to the Provider under the Agreement during the 12 month period immediately preceding the event or events giving rise to the claim.

Appears in 1 contract

Sources: Software as a Service (Saas) Agreement

Limitations and exclusions of liability. 8.1 Nothing in the ▇▇▇▇ will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law, and, if you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the ▇▇▇▇. 8.2 The limitations and exclusions of liability set out in this Clause [8] [and elsewhere in the ▇▇▇▇]: (a) are subject to Clause [8.1]; and (b) govern all liabilities arising under the ▇▇▇▇ or in relation to the subject matter of the ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. 8.3 The Licensor will not be liable to the Licensee for any losses arising out of a Force Majeure Event. 8.4 The Licensor will not be liable to the Licensee in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. 8.5 The Licensor will not be liable to the Licensee in respect of any loss or corruption of any data, database or software. 8.6 The Licensor will not be liable to the Licensee in respect of any special, indirect or consequential loss or damage. 8.7 The Licensor’s 's aggregate liability to the Licensee will not exceed the total amount paid by the Licensee for the License(s) by the LicenseeSoftware.

Appears in 1 contract

Sources: End User License Agreement (Eula)

Limitations and exclusions of liability. 8.1 9.1 Nothing in the ▇▇▇▇ Agreement will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law, and, if you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the ▇▇▇▇. 8.2 9.2 The limitations and exclusions of liability set out in this Clause [8] 9 and elsewhere in the ▇▇▇▇Agreement: (a) are subject to Clause [8.1]9.1; and (b) govern all liabilities arising under the ▇▇▇▇ Agreement or in relation to the subject matter of the ▇▇▇▇Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. 8.3 9.3 The Licensor provider will not be liable to the Licensee for any losses arising out of a Force Majeure Event. 8.4 The Licensor will not be liable to the Licensee other in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, production or anticipated savings, business, contracts, commercial opportunities or goodwill. 8.5 9.4 The Licensor provider will not be liable to the Licensee other for any loss of business, contracts or commercial opportunities. 9.5 The provider will not be liable to the other for any loss of or damage to goodwill or reputation. 9.6 The provider will not be liable to the other in respect of any loss or corruption of any data, database or software. 8.6 9.7 The Licensor provider will not be liable to the Licensee other in respect of any special, indirect or consequential loss or damage. 8.7 9.8 The Licensor’s provider will not be liable to the other for any losses arising out of a Force Majeure Event. 9.9 The Provider's liability to the Customer in relation to any event or series of related events will not exceed the greater of: (a) GBP 1,000; and (b) the total amount paid and payable by the Customer to the Provider under the Agreement during the 12-month period immediately preceding the event or events giving rise to the claim. 9.10 The Provider's aggregate liability to the Licensee Customer under the Agreement will not exceed the greater of: (a) GBP 3,000; and (b) the total amount paid for the License(s) and payable by the LicenseeCustomer to the Provider under the Agreement.

Appears in 1 contract

Sources: Email Marketing Terms and Conditions

Limitations and exclusions of liability. 8.1 Nothing in the ▇▇▇▇ will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law, and, if you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the ▇▇▇▇. 8.2 The limitations and exclusions of liability set out in this Clause [8] 8 and elsewhere in the ▇▇▇▇: (a) are subject to Clause [8.1]; and (b) govern all liabilities arising under the ▇▇▇▇ or in relation to the subject matter of the ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. 8.3 The Licensor will not be liable to the Licensee for any losses arising out of a Force Majeure Event. 8.4 The Licensor will not be liable to the Licensee in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. 8.5 The Licensor will not be liable to the Licensee in respect of any loss or corruption of of, or damage to, any data, database database, software or softwarehardware. 8.6 The Licensor will not be liable to the Licensee in respect of for any special, indirect or consequential loss or damage. 8.7 The Licensor’s aggregate liability to damage caused directly or indirectly by the use by the Licensee will not exceed of the total amount paid Software (and/or any related output or assets) for the License(s) by the Licenseeany purpose of use, in accordance with clause 7.3(c).

Appears in 1 contract

Sources: End User License Agreement

Limitations and exclusions of liability. 8.1 12.1 Nothing in the ▇▇▇▇ Agreement will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law, and, if you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the ▇▇▇▇. 8.2 12.2 The limitations and exclusions of liability set out in this Clause [8] 12 and elsewhere in the ▇▇▇▇Agreement: (a) are subject to Clause [8.1]; and12.1; (b) govern all liabilities arising under the ▇▇▇▇ Agreement or in relation to the subject matter of the ▇▇▇▇Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty; and (c) will limit and exclude the liability of the parties under the express indemnities set out the Agreement. 8.3 12.3 The Licensor will not be liable to the Licensee for any losses arising out of a Force Majeure Event. 8.4 The Licensor will not be liable to the Licensee in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, production or anticipated savings, business, contracts, commercial opportunities or goodwill. 8.5 12.4 The Licensor will not be liable for any loss of business, contracts or commercial opportunities. 12.5 The Licensor will not be liable for any loss of or damage to the Licensee goodwill or reputation. 12.6 The Licensor will not be liable in respect of any loss or corruption of any data, database or software. 8.6 12.7 The Licensor will not be liable to the Licensee in respect of any special, indirect or consequential loss or damage. 8.7 12.8 The Licensor will not be liable for any losses arising out of a Force Majeure Event. 12.9 The Licensor’s aggregate 's liability in relation to the Licensee any event or series of related events will not exceed the lesser of: (a) £10,000; and (b) the total amount paid for the License(s) by the LicenseeLicensee to the Licensor under the Agreement.

Appears in 1 contract

Sources: Software License Agreement

Limitations and exclusions of liability. 8.1 9.1 Nothing in the this ▇▇▇▇ willwill limit or exclude liability for: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that partymisrepresentation; (c) limit any other liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law, and, if you are a consumer, any statutory rights which you have, which cannot be excluded or limitedlimited under applicable laws; and, if a party to this ▇▇▇▇ is a consumer, that party's statutory rights will not be affected excluded or limited by the this ▇▇▇▇, except to the extent permitted by law. 8.2 9.2 The limitations and exclusions of liability set out in this Clause [8] 9 and elsewhere in the this ▇▇▇▇: (a) are subject to Clause [8.1]9.1; and (b) govern all liabilities arising under the this ▇▇▇▇ or in relation relating to the subject matter of the 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 ▇▇▇▇. 8.3 9.3 The Licensor will not be liable to the Licensee for User in respect of any losses arising out of a Force Majeure Event. 8.4 9.4 The Licensor will shall not in any circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licensee in respect of any business losses, such as licence contained at Clause 4 and this ▇▇▇▇ for: (a) loss of or damage to profits, income, revenue, use, production, anticipated savingssales, business, contracts, commercial opportunities or goodwill.revenue; 8.5 The Licensor will not be liable to the Licensee in respect (b) business interruption; (c) loss of any anticipated savings; (d) loss or corruption of data or information; (e) loss of business opportunity, goodwill or reputation; Where any data, database of the losses set out in clause 9.4 (a) to clause 9.4 (e) are direct or software.indirect; or 8.6 The Licensor will not be liable to the Licensee in respect of (f) any special, indirect or consequential loss loss, damage, charges or damageexpenses. 8.7 The 9.5 Other than the losses set out in clause 9.4 (for which the Licensor is not liable), the Licensor’s maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the Licensee will a sum equal to £50. This maximum cap does not exceed the total amount paid for the License(s) by the Licenseeapply to Clause 9.1.

Appears in 1 contract

Sources: End User License Agreement

Limitations and exclusions of liability. 8.1 16.1 Nothing in the ▇▇▇▇ this Agreement will: : (a) limit or exclude the any liability of a party for death or personal injury resulting from negligence; ; (b) limit or exclude the any liability of a party for fraud or fraudulent misrepresentation by that party; misrepresentation; (c) limit any liability of a party liabilities in any way that is not permitted under applicable law; or or (d) exclude any liability of a party liabilities that may not be excluded under applicable law, ; and, if you are a party is a consumer, any that party's statutory rights which you have, which canwill not be excluded or limitedlimited by this Agreement, will not be affected except to the extent permitted by the ▇▇▇▇law. 8.2 16.2 The limitations and exclusions of liability set out in this Clause [8] and elsewhere in the ▇▇▇▇: this Agreement: (a) are subject to Clause [8.1]Clauses 16.1 and 18.6; and and (b) govern all liabilities arising under the ▇▇▇▇ this Agreement or in relation relating to the subject matter of the ▇▇▇▇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. 8.3 The Licensor 16.3 Maxd’Oro will not be liable to the Licensee for you in respect of any losses arising out of a Force Majeure Event. 8.4 The Licensor 16.4 Maxd’Oro will not be liable to the Licensee you in respect of any business losses, such as loss of profits or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. 8.5 The Licensor 16.5 Maxd’Oro will not be liable to the Licensee you in respect of any loss of revenue or income. 16.6 Maxd’Oro will not be liable to you in respect of any loss of business, contracts or opportunities. 16.7 Maxd’Oro will not be liable to you in respect of any loss or corruption of any data, database or software. 8.6 The Licensor 16.8 Maxd’Oro will not be liable to the Licensee you in respect of any special, indirect or consequential loss or damage. 8.7 The Licensor’s aggregate liability to the Licensee will not exceed the total amount paid for the License(s) by the Licensee.

Appears in 1 contract

Sources: End User Agreement

Limitations and exclusions of liability. 8.1 9.1 Nothing in the ▇▇▇▇ Agreement will: : (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; ; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; ; (c) limit any liability of a party in any way that is not permitted under applicable law; or or (d) exclude any liability of a party that may not be excluded under applicable law, and, if you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the ▇▇▇▇. 8.2 9.2 The limitations and exclusions of liability set out in this Clause [8] 10 and elsewhere in the ▇▇▇▇: Agreement: (a) are subject to Clause [8.1]10.1; and (b) govern all liabilities arising under the ▇▇▇▇ Agreement or any collateral contract or in relation to the subject matter of the ▇▇▇▇Agreement or any collateral contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.; and 8.3 9.3 The Licensor Provider will not be liable to the Licensee for any losses arising out of a Force Majeure Event. 8.4 The Licensor will not be liable to the Licensee in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, production or anticipated savings, business, contracts, commercial opportunities or goodwill. 8.5 9.4 The Licensor Provider will not be liable for any loss of business, contracts or commercial opportunities. 9.5 The Provider will not be liable for any loss of or damage to the Licensee goodwill or reputation. 9.6 The Provider will not be liable in respect of any loss or corruption of any data, database or software. 8.6 9.7 The Licensor Provider will not be liable to the Licensee in respect of any special, indirect or consequential loss or damage. 8.7 9.8 Neither party will be liable for any losses arising out of a Force Majeure Event. 9.9 The LicensorProvider’s aggregate liability in relation to the Licensee any event or series of related events will not exceed the total amount paid for the License(s) and payable by the LicenseeCustomer to the Provider under the Agreement during the 12 month period immediately preceding the event or events giving rise to the claim.

Appears in 1 contract

Sources: Software as a Service (Saas) Agreement

Limitations and exclusions of liability. 8.1 Nothing in the ▇▇▇▇ will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law, and, if you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the ▇▇▇▇. 8.2 The limitations and exclusions of liability set out in this Clause [8] and elsewhere in the ▇▇▇▇: (a) are subject to Clause [8.1]; and (b) govern all liabilities arising under the ▇▇▇▇ or in relation to the subject matter of the ▇▇▇▇, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. 8.3 The Licensor will not be liable to the Licensee for any losses arising out of a Force Majeure Event. 8.4 The Licensor will not be liable to the Licensee in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. 8.5 The Licensor will not be liable to the Licensee in respect of any loss or corruption of any data, database or software. 8.6 The Licensor will not be liable to the Licensee in respect of any special, indirect or consequential loss or damage. 8.7 The Licensor’s 's aggregate liability to the Licensee will not exceed the total amount paid for of charges and fees in respect of the License(s) by the LicenseeSoftware licence.

Appears in 1 contract

Sources: End User License Agreement

Limitations and exclusions of liability. 8.1 16.1. Nothing in the ▇▇▇▇ this Agreement will: : (a) limit or exclude the any liability of a party for death or personal injury resulting from negligence; ; (b) limit or exclude the any liability of a party for fraud or fraudulent misrepresentation by that party; misrepresentation; (c) limit any liability of a party liabilities in any way that is not permitted under applicable law; or or (d) exclude any liability of a party liabilities that may not be excluded under applicable law, ; and, if you are a party is a consumer, any that party's statutory rights which you have, which canwill not be excluded or limitedlimited by this Agreement, will not be affected except to the extent permitted by the ▇▇▇▇law. 8.2 16.2. The limitations and exclusions of liability set out in this Clause [8] and elsewhere in the ▇▇▇▇: this Agreement: (a) are subject to Clause [8.1]Clauses 16.1 and 18.6; and and (b) govern all liabilities arising under the ▇▇▇▇ this Agreement or in relation relating to the subject matter of the ▇▇▇▇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. 8.3 The Licensor 16.3. Maxd’Oro will not be liable to the Licensee for you in respect of any losses arising out of a Force Majeure Event. 8.4 The Licensor 16.4. Maxd’Oro will not be liable to the Licensee you in respect of any business losses, such as loss of profits or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. 8.5 The Licensor 16.5. Maxd’Oro will not be liable to the Licensee you in respect of any loss of revenue or income. 16.6. Maxd’Oro will not be liable to you in respect of any loss of business, contracts or opportunities. 16.7. Maxd’Oro will not be liable to you in respect of any loss or corruption of any data, database or software. 8.6 The Licensor 16.8. Maxd’Oro will not be liable to the Licensee you in respect of any special, indirect or consequential loss or damage. 8.7 The Licensor’s aggregate liability to the Licensee will not exceed the total amount paid for the License(s) by the Licensee.

Appears in 1 contract

Sources: End User Agreement

Limitations and exclusions of liability. 8.1 Nothing 13.1 Subject to Clause 13.4, Solution 7's aggregate total liability for all and any claims in connection with the ▇▇▇▇ will: (a) limit or exclude Software, the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law, and, if you are a consumerSupport Services, any statutory rights which you haveProfessional Service and the performance or non-performance of this Agreement, which cannot be excluded or limited, will not be affected by the ▇▇▇▇. 8.2 The limitations and exclusions of liability set out in this Clause [8] and elsewhere in the ▇▇▇▇: (a) are subject to Clause [8.1]; and (b) govern all liabilities arising under the ▇▇▇▇ or in relation to the subject matter of the ▇▇▇▇, including liabilities arising whether in contract, in or tort (including negligence) and or arising in any other way, will not exceed the Licence Fee paid by the Licensee for breach of statutory dutythe Licence Period immediately preceding the date on which the claim is first notified by the Licensee to Solution 7. 8.3 The Licensor 13.2 Despite anything else contained in this Agreement (except Clause 13.4), Solution 7 will not be liable to the Licensee or any Affiliate or to any other person for any of the following, in each case whether arising from negligence, or breach of contract, or in any other way, even if Solution 7 had been advised of, or knew of, the likelihood of that loss or type of loss arising: 13.2.1 loss of profits; 13.2.2 loss of savings; 13.2.3 loss of use; 13.2.4 loss of business; 13.2.5 loss of opportunity; 13.2.6 loss or spoiling of data; 13.2.7 loss of contracts, (in each case whether direct or indirect); 13.2.8 indirect or loss or damage; 13.2.9 consequential, incidental or special loss or damage; 13.2.10 punitive damages; and 13.2.11 liquidated losses arising out of a Force Majeure Eventor damages. 8.4 13.3 The Licensor Licensee and each Affiliate acknowledges that the above limitations of and exclusions on Solution 7's liability are reasonable in the light of Solution 7's insurance arrangements and that Solution 7 is willing to accept a higher limitation on its liability provided it is able to obtain full insurance cover for its liabilities and the Licensee pays the costs of obtaining and maintaining any increased cover. 13.4 Nothing in this Agreement limits or excludes Solution 7's liability for death or personal injury caused by its negligence or for fraud or any liability that the law does not permit to be excluded or limited. 13.5 Solution 7 will not be liable for any failure of the Solution 7 Software to operate with equipment or operating system or any data feed not specified in the Licensee Documentation or for any degradation in respect performance or reduction in functionality caused by the use of the Solution 7 Software with any business lossesoperating system, such as loss of equipment, software or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwilldata feed not specified in the Documentation. 8.5 13.6 The Licensor Licensee will not be liable to Solution 7 for any and all damages, losses, liabilities and expenses suffered or incurred by Solution 7 as a result of the Licensee in respect act or omission of each Affiliate and each User as though that act or omission were the Licensee’s own act or omission. 13.7 Any failure to comply with this Agreement by any Affiliate or any User, and any failure of any loss or corruption User to comply with any acceptable use policy issued by Solution 7 from time to time, will be deemed to be a breach of any data, database or software. 8.6 The Licensor will not be liable to the Licensee in respect of any special, indirect or consequential loss or damage. 8.7 The Licensor’s aggregate liability to the Licensee will not exceed the total amount paid for the License(s) this Agreement by the Licensee. 13.8 Subject to Clause 13.4, Solution 7 will have no liability to any Affiliate or any User and each Affiliate irrevocably waives any claim which it may have against Solution 7, and the Licensee will indemnify Solution 7 against any and all losses, damages, costs and expenses incurred by Solution 7 in connection with all and any claims brought against Solution 7 by any Affiliate or by any User (or both).

Appears in 1 contract

Sources: Excel Financial Reporting Standard Terms and Conditions