Common use of Limits and Exclusions of Liability Clause in Contracts

Limits and Exclusions of Liability. 12.1 Except as expressly and specifically provided in this Agreement: (a) You assume sole responsibility for results obtained from the use of the Services and the Output by You, and for conclusions drawn from such use; (b) the Services and the Output are provided to You on an “as is” basis. 12.2 Neither party's liability: (a) for death or personal injury caused by its negligence or the negligence of its employees or agents; (b) for fraudulent misrepresentation; or (c) for anything else that cannot under applicable law be excluded or limited; is excluded or limited by these terms, even if any other term would otherwise suggest that this might be the case. Your liability to pay the CTF Membership Fees and under Your indemnities is not limited or excluded. 12.3 Subject to clause 12.2, neither party shall be liable (whether for breach of contract, negligence or for any other reason) to the other party for any: (a) loss of profits; (b) loss of sales; (c) loss of revenue; (d) loss of any software or data (or data corruption) or loss of use of hardware, software or data arising as a result of the malicious acts of third parties; (e) loss or waste of management or staff time; or (f) indirect, consequential or special loss. 12.4 Subject to clauses 12.2 and 12.3, Our total liability under this Agreement and in relation to anything which it may have done or not done under or in connection with this Agreement (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to an amount equal to 100% of the CTF Membership Fees paid or payable by You under this Agreement in the year preceding the events giving rise to the claim (such amount to be calculated at the time when the relevant amount comes to be assessed). 12.5 Subject to clauses 12.2 and 12.3, Your total liability under this Agreement and in relation to anything which it may have done or not done under or in connection with this Agreement (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to an amount equal to 100% of the CTF Membership Fees paid or payable by You under this Agreement in the year preceding the events giving rise to the claim (such amount to be calculated at the time when the relevant amount comes to be assessed).

Limits and Exclusions of Liability. 12.1 Except as expressly and specifically provided in this Agreement: (a) You assume sole responsibility for results obtained from the use of the Services and the Output by You, and for conclusions drawn from such use; (b) the Services and the Output are provided to You on an “as is” basis. 12.2 Neither party's liability: (a) for death or personal injury caused by its negligence or the negligence of its employees or agents; (b) for fraudulent misrepresentation; or (c) for anything else that cannot under applicable law be excluded or limited; is excluded or limited by these terms, even if any other term would otherwise suggest that this might be the case. Your liability to pay the CTF ESTF Membership Fees and under Your indemnities is not limited or excluded. 12.3 Subject to clause 12.2, neither party shall be liable (whether for breach of contract, negligence or for any other reason) to the other party for any: (a) loss of profits; (b) loss of sales; (c) loss of revenue; (d) loss of any software or data (or data corruption) or loss of use of hardware, software or data arising as a result of the malicious acts of third parties; (e) loss or waste of management or staff time; or (f) indirect, consequential or special loss. 12.4 Subject to clauses 12.2 and 12.3, Our total liability under this Agreement and in relation to anything which it may have done or not done under or in connection with this Agreement (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to an amount equal to 100% of the CTF ESTF Membership Fees paid or payable by You under this Agreement in the year preceding the events giving rise to the claim (such amount to be calculated at the time when the relevant amount comes to be assessed). 12.5 Subject to clauses 12.2 and 12.3, Your total liability under this Agreement and in relation to anything which it may have done or not done under or in connection with this Agreement (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to an amount equal to 100% of the CTF ESTF Membership Fees paid or payable by You under this Agreement in the year preceding the events giving rise to the claim (such amount to be calculated at the time when the relevant amount comes to be assessed).