Common use of LIMITATIONS OF CETENA’S LIABILITY Clause in Contracts

LIMITATIONS OF CETENA’S LIABILITY. 7.1 TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE ENTIRE LIABILITY OF CETENA, AND CUSTOMER SOLE AND EXCLUSIVE REMEDY UNDER THE AGREEMENT, SHALL BE LIMITED TO A MAXIMUM AMOUNT EQUAL TO THE AGGREGATE AMOUNT PAID BY THE CUSTOMER DURING THE 12 (TWELVE) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE RELEVANT CLAIM, WHETHER THE CLAIM IS IN CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL CETENA BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS RELATING TO OR ARISING FROM CUSTOMER USE OF OR ACCESS TO THE SOFTWARE, EVEN IF CETENA HAD BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE USE OF AND ACCESS TO THE SOFTWARE IS AT ITS OWN RISK. 7.2 In no event CETENA shall be liable towards the CUSTOMER or any third party for claims directly or indirectly resulting from: a) any unauthorized use of the Software; b) CETENA compliance with designs, specifications, instructions, or technical information provided by the CUSTOMER or by third parties appointed by it; c) changes made to the Software by the CUSTOMER, a third party or CETENA at direction of the CUSTOMER; d) non-compliance by the CUSTOMER with the Software requirements set forth in Documentation; e) failure by the CUSTOMER to implement a proper and adequate backup and recovery system; f) failures of the Software due to the hardware, or other mediums, on which the Software is installed; g) use by the CUSTOMER of the Software in combination with other products, software, or services. 7.3 The CUSTOMER shall indemnify and defend, at its sole costs and expenses, and hold CETENA and its Affiliates harmless from all actions, claims, damages, costs, expenses (including reasonable legal and experts’ fees and costs) and losses whatsoever that CETENA or any of its Affiliates incur arising out of or in connection with any of the occurrences listed in the above Paragraph and, in any event, because of CUSTOMER unauthorized use, misuse, or infringement of the Software and the Documentation. 7.4 Nothing in this Agreement confers or may be purported to confer on any third party any benefit or any right to enforce any term of this Agreement. 7.5 None of the terms of this Agreement shall operate to exclude or restrict liability for fraud or for death or personal injury resulting from the negligence of CETENA, its Affiliates or the appointed agents or employees whilst acting in the course of their employment.

LIMITATIONS OF CETENA’S LIABILITY. 7.1 9.1 TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE ENTIRE LIABILITY OF CETENA, AND CUSTOMER SOLE AND EXCLUSIVE REMEDY UNDER THE AGREEMENT, SHALL BE LIMITED TO A MAXIMUM AMOUNT EQUAL TO THE AGGREGATE AMOUNT PRICE ACTUALLY PAID BY THE CUSTOMER DURING THE 12 (TWELVE) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE RELEVANT CLAIMCUSTOMER, WHETHER THE CLAIM IS IN CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL CETENA BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS RELATING TO OR ARISING FROM CUSTOMER USE OF OR ACCESS TO THE SOFTWAREPRODUCTS, EVEN IF CETENA HAD BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE USE OF AND ACCESS TO THE SOFTWARE PRODUCTS IS AT ITS OWN RISK. 7.2 9.2 In no event CETENA shall be liable towards the CUSTOMER or any third party for claims directly or indirectly resulting from: (a) any unauthorized use of the SoftwareProducts; (b) CETENA compliance with designs, specifications, instructions, or technical information provided by the CUSTOMER or by third parties appointed by it; (c) changes made to the Software Products by the CUSTOMER, a third party or CETENA at direction of the CUSTOMER; (d) non-compliance by the CUSTOMER with the Software Products requirements set forth in Documentation; (e) failure by the CUSTOMER to implement a proper and adequate backup and recovery system; (f) failures of the Products’ Software due to the hardwareHardware, or other mediums, on which the Products’ Software is installed; (g) use by the CUSTOMER of the Software Products in combination with other products, software, or services. 7.3 9.3 The CUSTOMER shall indemnify and defend, at its sole costs and expenses, and hold CETENA and CETENA, its Affiliates and any manufacturer or developer of the Products harmless from all actions, claims, damages, costs, expenses (including reasonable legal and experts’ fees and costs) and losses whatsoever that CETENA or any of its Affiliates or any manufacturer or developer of the Products may incur and arising out of or in connection with any of the occurrences listed in the above Paragraph and, in any event, because of CUSTOMER unauthorized use, misuse, or infringement of the Software and Products and/or the Documentation. 7.4 Nothing in this Agreement confers or may be purported to confer on any third party any benefit or any right to enforce any term of this Agreement. 7.5 9.4 None of the terms of this Agreement shall operate to exclude or restrict liability for fraud or for death or personal injury resulting from the negligence of CETENA, its Affiliates or the appointed agents or employees whilst acting in the course of their employment.

LIMITATIONS OF CETENA’S LIABILITY. 7.1 9.1 TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE ENTIRE LIABILITY OF CETENA, AND CUSTOMER SOLE AND EXCLUSIVE REMEDY UNDER THE AGREEMENT, SHALL BE LIMITED TO A MAXIMUM AMOUNT EQUAL TO THE AGGREGATE AMOUNT PRICE ACTUALLY PAID BY THE CUSTOMER DURING THE 12 (TWELVE) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE RELEVANT CLAIMCUSTOMER, WHETHER THE CLAIM IS IN CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL CETENA BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS RELATING TO OR ARISING FROM CUSTOMER USE OF OR ACCESS TO THE SOFTWAREPRODUCTS, EVEN IF CETENA HAD BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE USE OF AND ACCESS TO THE SOFTWARE PRODUCTS IS AT ITS OWN RISK. 7.2 9.2 In no event CETENA shall be liable towards the CUSTOMER or any third party for claims directly or indirectly resulting from: (a) any unauthorized use of the SoftwareProducts; (b) CETENA compliance with designs, specifications, instructions, or technical information provided by the CUSTOMER or by third parties appointed by it; (c) changes made to the Software Products by the CUSTOMER, a third party or CETENA at direction of the CUSTOMER; (d) non-compliance by the CUSTOMER with the Software Products requirements set forth in Documentation; (e) failure by the CUSTOMER to implement a proper and adequate backup and recovery system; (f) failures of the Products’ Software due to the hardwareHardware, or other mediums, on which the Products’ Software is installed; (g) use by the CUSTOMER of the Software Products in combination with other products, software, or services. 7.3 9.3 The CUSTOMER shall indemnify and defend, at its sole costs and expenses, and hold CETENA and CETENA, its Affiliates and any manufacturer or developer of the Products harmless from all actions, claims, damages, costs, expenses (including reasonable legal and experts’ fees and costs) and losses whatsoever that CETENA or any of its Affiliates or any manufacturer or developer of the Products may incur and arising out of or in connection with any of the occurrences listed in the above Paragraph and, in any event, because of CUSTOMER unauthorized use, misuse, or infringement of the Software and Products and/or the Documentation. 7.4 Nothing in this Agreement confers or may be purported to confer on any third party any benefit or any right to enforce any term of this Agreement. 7.5 None of the terms of this Agreement shall operate to exclude or restrict liability for fraud or for death or personal injury resulting from the negligence of CETENA, its Affiliates or the appointed agents or employees whilst acting in the course of their employment.