Common use of Restricted Liability Clause in Contracts

Restricted Liability. In all other cases, the following shall apply: (i) RSA’s liability shall be limited to typical, foreseeable damages. (ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to RSA for the Service Offering (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR. The limitation of liability in this section 12.2 (ii) will not apply to (i) RSA’s indemnification obligations under section 11.2.1 of this Agreement or (ii) any liability which may not be excluded by law. (iii) RSA shall be liable to Customer only if RSA has breached a material contractual obligation (i.e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on). (iv) RSA shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable. In no event shall RSA (including its suppliers) or Customer be liable to the other or any other person or entity for loss of use of the Service Offering, or loss of content for any reason including power outages, system failures, or other interruptions (subject to RSA’s obligations under the applicable Service Level Agreement)

Restricted Liability. In all other cases, the following shall apply: (i) RSARedSeal’s liability shall be limited to typical, foreseeable damages. (ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to RSA RedSeal for the Service Offering (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR. The limitation of liability in this section 12.2 (ii) will not apply to (i) RSARedSeal’s indemnification obligations under section 11.2.1 of this Agreement or (ii) any liability which may not be excluded by law. (iii) RSA RedSeal shall be liable to Customer only if RSA RedSeal has breached a material contractual obligation (i.e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on). (iv) RSA RedSeal shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable. In no event shall RSA RedSeal (including its suppliers) or Customer be liable to the other or any other person or entity for loss of use of the Service Offering, or loss of content for any reason including power outages, system failures, or other interruptions (subject to RSARedSeal’s obligations under the applicable Service Level Agreement)

Restricted Liability. In all other cases, the following shall apply: (i) RSA’s NetWitness’ liability shall be limited to typical, foreseeable damages. (ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to RSA NetWitness for the Service Offering (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than morethan 1.000.000,00 EUR. The limitation of liability in this section 12.2 11.2 (ii) will not apply to (i) RSA’s NetWitness’ indemnification obligations under section 11.2.1 10.2.1 of this Agreement these Terms of Service or (ii) any liability which may not be excluded by law. (iii) RSA NetWitness shall be liable to Customer only if RSA NetWitness has breached a material contractual obligation (i.e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on). (iv) RSA NetWitness shall not be liable for any consequential or indirect damages to the extent such damages are damagesare untypical or unforeseeable. In no event shall RSA NetWitness (including its suppliers) or Customer be liable to the other or any other person or entity for loss of use of the Service Offering, or loss loss, damage, or corruption of content or data for any reason including power outages, system failures, or other interruptions (subject to RSANetWitness’s obligations under the applicable Service Level Agreement)

Restricted Liability. In all other cases, the following shall apply: (i) RSA’s NetWitness’ liability shall be limited to typical, foreseeable damages. (ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to RSA NetWitness for the Service Offering (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR. The limitation of liability in this section 12.2 11.2 (ii) will not apply to (i) RSA’s NetWitness’ indemnification obligations under section 11.2.1 10.2.1 of this Agreement these Terms of Service or (ii) any liability which may not be excluded by law. (iii) RSA NetWitness shall be liable to Customer only if RSA NetWitness has breached a material contractual obligation (i.e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on). (iv) RSA NetWitness shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable. In no event shall RSA NetWitness (including its suppliers) or Customer be liable to the other or any other person or entity for loss of use of the Service Offering, or loss loss, damage, or corruption of content or data for any reason including power outages, system failures, or other interruptions (subject to RSA’s NetWitness’ obligations under the applicable Service Level Agreement)

Restricted Liability. In all other cases, the following shall apply: (i) RSA’s NetWitness’ liability shall be limited to typical, foreseeable damages. (ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to RSA NetWitness for the Service Offering (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than morethan 1.000.000,00 EUR. The limitation of liability in this section 12.2 11.2 (ii) will not apply to (i) RSA’s NetWitness’ indemnification obligations under section 11.2.1 10.2.1 of this Agreement these Terms of Service or (ii) any liability which may not be excluded by law. (iii) RSA NetWitness shall be liable to Customer only if RSA NetWitness has breached a material contractual obligation (i.e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on). (iv) RSA NetWitness shall not be liable for any consequential or indirect damages to the extent such damages are damagesare untypical or unforeseeable. In no event shall RSA NetWitness (including its suppliers) or Customer be liable to the other or any other person or entity for loss of use of the Service Offering, or loss of content for any reason including power outages, system failures, or other interruptions (subject to RSANetWitness’s obligations under the applicable Service Level Agreement)

Restricted Liability. In all other cases, the following shall apply: (i) RSA’s NetWitness’ liability shall be limited to typical, foreseeable damages. (ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to RSA NetWitness for the Service Offering (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR. The limitation of liability in this section 12.2 (ii) will not apply to (i) RSA’s NetWitness’ indemnification obligations under section 11.2.1 of this Agreement these Terms of Service or (ii) any liability which may not be excluded by law. (iii) RSA NetWitness shall be liable to Customer only if RSA NetWitness has breached a material contractual obligation (i.e. i.e., an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on). (iv) RSA NetWitness shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable. In no event shall RSA NetWitness (including its suppliers) or Customer be liable to the other or any other person or entity for loss of use of the Service Offering, or loss of content for any reason including power outages, system failures, or other interruptions (subject to RSA’s NetWitness’ obligations under the applicable Service Level Agreement)

Restricted Liability. In all other cases, the following shall apply: (i) RSAService Provider’s liability shall be limited to typical, foreseeable damages. (ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to RSA Service Provider for the Service Offering (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR. The limitation of liability in this section 12.2 11.2 (ii) will not apply to (i) RSAservice provider’s indemnification obligations under section 11.2.1 10.2.1 of this Agreement these Terms of Service or (ii) any liability which may not be excluded by law. (iii) RSA Service Provider shall be liable to Customer only if RSA Service Provider has breached a material contractual obligation (i.e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on). (iv) RSA Service Provider shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable. In no event shall RSA Service Provider (including its suppliers) or Customer be liable to the other or any other person or entity for loss of use of the Service Offering, or loss of content for any reason including power outages, system failures, or other interruptions (subject to RSAService Provider’s obligations under the applicable Service Level Agreement)

Restricted Liability. In all other cases, the following shall apply: (i) RSA’s liability shall be limited to typical, foreseeable damages. (ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to RSA for the Service Offering (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR. The limitation of liability in this section 12.2 (ii) will not apply to (i) RSA’s indemnification obligations under section 11.2.1 of this Agreement these Terms of Service or (ii) any liability which may not be excluded by law. (iii) RSA shall be liable to Customer only if RSA has breached a material contractual obligation (i.e. an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on). . (iv) RSA shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable. In no event shall RSA (including its suppliers) or Customer be liable to the other or any other person or entity for loss of use of the Service Offering, or loss of content for any reason including power outages, system failures, or other interruptions (subject to RSA’s obligations under the applicable Service Level Agreement)

Restricted Liability. In all other cases, the following shall apply: (i) RSA’s NetWitness’ liability shall be limited to typical, foreseeable damages. (ii) Unless a differing liability cap is expressly agreed otherwise, the typical foreseeable damages shall, for each damaging event, not exceed the total price paid by Customer to RSA NetWitness for the Service Offering (calculated on an annual basis in case of ongoing Services to be provided for a period of more than one year) in relation to which such claim arises, but in any event not less than 100.000,00 EUR and not more than 1.000.000,00 EUR. The limitation of liability in this section 12.2 (ii) will not apply to (i) RSA’s NetWitness’ indemnification obligations under section 11.2.1 of this Agreement these Terms of Service or (ii) any liability which may not be excluded by law. (iii) RSA NetWitness shall be liable to Customer only if RSA NetWitness has breached a material contractual obligation (i.e. i.e., an obligation the performance of which is essential to allow the implementation of the agreement, and the compliance with which Customer usually may rely on). (iv) RSA NetWitness shall not be liable for any consequential or indirect damages to the extent such damages are untypical or unforeseeable. In no event shall RSA NetWitness (including its suppliers) or Customer be liable to the other or any other person or entity for loss of use of the Service Offering, or loss loss, damage, or corruption of content or data for any reason including power outages, system failures, or other interruptions (subject to RSA’s NetWitness’ obligations under the applicable Service Level Agreement)