Common use of Disclaimer of Warranties; Limitation of Liability; Indemnification Clause in Contracts

Disclaimer of Warranties; Limitation of Liability; Indemnification. World Scientific warrants that it is entitled to grant the licenses granted in this Agreement, and is authorized to execute this Agreement on behalf of the publishing customers indicated in Clause 1. Except as set forth in the preceding sentence, World Scientific makes no warranty or representation of any kind, express or implied, with respect to the Online Journals and WorldSciNet, including their quality, originality, suitability, searchability, operation, performance, merchantability or fitness for a particular purpose. World Scientific shall not be liable for: exemplary, special, direct, indirect, incidental, consequential or other damages arising out of or in connection with the licenses granted hereunder, the use of, the inability to use or errors in any Online Journal, World Scientific’s performance under this Agreement, termination of this Agreement by World Scientific, viruses or bugs which may be contained in or caused by use of WorldSciNet or the Online Journals or the loss of data, business or goodwill. In no event shall the total aggregate liability of World Scientific for any claims, losses or damages arising out of any breach or termination of this Agreement exceed the total amount paid by the Subscriber to World Scientific for the Institutional Subscription for the current subscription year in which such claim, loss or damage occurred, whether in contract, tort or otherwise, including without limitation, due to negligence. No claim may be made against World Scientific unless the suit is filed thereon within one (1) year after the event giving rise to the claim. World Scientific and the subscriber shall indemnify and hold each other harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney’s fees, which arise from any alleged breach of the indemnifying party’s representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. The indemnifying party shall have the right to defend such claims at its own expense. The other party shall provide assistance in investigating and defending such claims as the indemnifying party may reasonably request and have the right to participate in the defense at its own expense.

Disclaimer of Warranties; Limitation of Liability; Indemnification. World Scientific warrants that it is entitled to grant the licenses granted in this Agreement, and is authorized to execute this Agreement on behalf of the publishing customers indicated in Clause 1. Except as set forth in the preceding sentence, World Scientific makes no warranty or representation of any kind, express or implied, with respect to the Online Journals and WorldSciNetWSOJS, including their quality, originality, suitability, searchability, operation, performance, merchantability or fitness for a particular purpose. World Scientific shall not be liable for: exemplary, special, direct, indirect, incidental, consequential or other damages arising out of or in connection with the licenses granted hereunder, the use of, the inability to use or errors in any Online Journal, World Scientific’s performance under this Agreement, termination of this Agreement by World Scientific, viruses or bugs which may be contained in or caused by use of WorldSciNet the WSOJS or the Online Journals or the loss of data, business or goodwill. In no event shall the total aggregate liability of World Scientific for any claims, losses or damages arising out of any breach or termination of this Agreement exceed the total amount paid by the Subscriber to World Scientific for the Institutional Print Subscription for the current subscription year in which such claim, loss or damage occurred, whether in contract, tort or otherwise, including without limitation, due to negligence. No claim may be made against World Scientific unless the suit is filed thereon within one (1) year after the event giving rise to the claim. World Scientific and the subscriber shall indemnify and hold each other harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney’s fees, which arise from any alleged breach of the indemnifying party’s representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. The indemnifying party shall have the right to defend such claims at its own expense. The other party shall provide assistance in investigating and defending such claims as the indemnifying party may reasonably request and have the right to participate in the defense at its own expense.

Disclaimer of Warranties; Limitation of Liability; Indemnification. World Scientific warrants that it is entitled to grant the licenses licences granted in this Agreement, and is authorized to execute this Agreement on behalf of the publishing customers indicated in Clause 1Agreement. Except as set forth in the preceding sentence, World Scientific makes no warranty or representation of any kind, express or implied, with respect to the Online Journals and WorldSciNetE-books, including their quality, originality, suitability, searchability, operation, performance, merchantability or fitness for a particular purpose. World Scientific shall not be liable for: exemplary, special, direct, indirect, incidental, consequential or other damages arising out of or in connection with the licenses licences granted hereunder, the use of, the inability to use or errors in any Online JournalE-book, World Scientific’s performance under this Agreement, termination of this Agreement by World Scientific, viruses or bugs which may be contained in or caused by use of WorldSciNet its E-book service or the Online Journals Content or the loss of data, business or goodwill. In no event shall the total aggregate liability of World Scientific for any claims, losses or damages arising out of any breach or termination of this Agreement exceed the total amount paid by the Subscriber Licensee to World Scientific for the Institutional Subscription purchase of E-books or the subscription for the current subscription year in which such claim, loss or damage occurred, whether in contract, tort or otherwise, including without limitation, due to negligence. No claim may be made against World Scientific unless the suit is filed thereon within one (1) year after the event giving rise to the claim. World Scientific and the subscriber Licensee shall indemnify and hold each other harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney’s fees, which arise from any alleged breach of the indemnifying party’s representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. The indemnifying party shall have the right to defend such claims at its own expense. The other party shall provide assistance in investigating and defending such claims as the indemnifying party may reasonably request and have the right to participate in the defense at its own expense.