Common use of Limits of Responsibility Clause in Contracts

Limits of Responsibility. The responsibility of SMAPPEN could not be committed for in particular: ▪ The temporary malfunctioning, whatever the cause, of the solution making it totally or partially inoperative; ▪ The non-observance or the bad execution by the Licensee of any of the contractual provisions; ▪ The difficulties or time of access to the Platform due to the total or partial non-fulfilment of an obligation, a failure and/or saturation at certain periods of the SMAPPEN servers, telecommunication network operators and/or Internet access providers; ▪ The content of the Licensed Data; ▪ Errors in handling and/or interpretation; ▪ Virus contamination of the Licensee Data and/or the Licensee's and/or Users' software, the protection of which is the responsibility of the latter; ▪ Possible misappropriation of identifiers and, more generally, of any information of a sensitive nature for the Licensee and/or its Users; ▪ The adequacy of the Service to the specific needs of the Licensee and/or its Users; ▪ The use of the results produced by the SaaS Service from the Licensee's Data; ▪ The possible loss and/or destruction of Licensee Data and/or information, despite the reasonable security measures put in place by SMAPPEN. SMAPPEN may only be held liable for immediate, direct, and foreseeable damage caused by a partial or total failure to perform the Agreement on the part of SMAPPEN as proven by the Licensee. Compensation for indirect damages is excluded. Consequently, SMAPPEN shall in no way be liable for any indirect or unforeseeable loss or damage suffered by the Licensee or third parties, including in particular any lost profit, loss, inaccuracy or corruption of files or data, commercial loss, loss of turnover or profit, loss of clientele, loss of opportunity, cost of obtaining a substitute product, service or technology, in relation to or arising from the non-performance or faulty performance of the services in part or in full.

Limits of Responsibility. The responsibility of SMAPPEN could not be committed for in particular: ▪ The temporary malfunctioning, whatever the cause, of the solution making it totally or partially inoperative; , ▪ The non-observance or the bad execution by the Licensee of any of the contractual provisions; , ▪ The difficulties or time of access to the Platform due to the total or partial non-fulfilment of an obligation, a failure and/or saturation at certain periods of the SMAPPEN servers, telecommunication network operators and/or Internet access providers; , ▪ The content of the Licensed Data; , ▪ Errors in handling and/or interpretation; , ▪ Virus contamination of the Licensee Data and/or the Licensee's and/or Users' software, the protection of which is the responsibility of the latter; , ▪ Possible misappropriation of identifiers and, more generally, of any information of a sensitive nature for the Licensee and/or its Users; , ▪ The adequacy of the Service to the specific needs of the Licensee and/or its Users; , ▪ The use of the results produced by the SaaS Service from the Licensee's Data; , ▪ The possible loss and/or destruction of Licensee Data and/or information, despite the reasonable security measures put in place by SMAPPEN. SMAPPEN may only be held liable for immediate, direct, and foreseeable damage caused by a partial or total failure to perform the Agreement on the part of SMAPPEN as proven by the Licensee. Compensation for indirect damages is excluded. Consequently, SMAPPEN shall in no way be liable for any indirect or unforeseeable loss or damage suffered by the Licensee or third parties, including in particular any lost profit, loss, inaccuracy or corruption of files or data, commercial loss, loss of turnover or profit, loss of clientele, loss of opportunity, cost of obtaining a substitute product, service or technology, in relation to or arising from the non-performance or faulty performance of the services in part or in full.