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 Products and Services (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. (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.
Appears in 9 contracts
Sources: End User License Agreement, End User License Agreement, End User License Agreement