Common use of Disclaimers and Limitation of Liability Clause in Contracts

Disclaimers and Limitation of Liability. 7.1 Products or services sold or provided under another agreement are governed solely by the terms of that agreement, including any warranties, guaranties, or other obligations of DSM under that agreement. 7.2 In addition to and without limitation of the provisions contained in this Agreement, DSM shall not be responsible for: (i) service impairments caused by acts within the control of customer, its agents, subcontractors, suppliers, licensees or users; (ii) the inability of customer or any user to access or interact with any other service providers, networks, users or informational or computing resources through the internet; (iii) interactions with third parties through the internet; or, (iv) performance impairments caused elsewhere on the internet. 7.3 For purposes of articles 7, 13 and 14 and all other exclusive remedies and limitations of liability set forth in this Agreement, "DSM" shall be defined as DSM, its affiliates, and its and their employees, directors, officers, agents, representatives, subcontractors, interconnection service providers and suppliers; and "customer" shall be defined as customer, its affiliates, and its and their employees, directors, officers, agents, and representatives; and "damages" will refer collectively to all injury, damage, liability, loss, penalty, interest and expense incurred. 7.4 Either party’s entire liability and the other party’s exclusive remedies, for any damages caused by any service defect or failure, or for other claims arising in connection with any service or performance or non-performance of obligations under this Agreement shall be: (i) for bodily injury or death to any person, or real or tangible property damage, negligently caused by a party, or damages arising from the willful misconduct of a party or a breach of the provisions of articles 6 or 9, the other, party’s right to proven direct damages; (ii) for defects or failures of software, the remedies set forth in section 11; (iii) for indemnity, the remedies set forth in article 12; (iv) for damages other than those set forth above and not excluded under this Agreement or any Attachment or Addenda, each party’s liability shall be limited to proven direct damages not to exceed per claim (or in the aggregate during any twelve (12) - month period) an amount equal to the total net payments payable by customer for the applicable service under the applicable Attachment or Addenda during the twelve (12) months preceding the month in which the damage occurred. This section 7.4(iv) shall not limit customer’s responsibility for the payment of any and all properly due charges under this Agreement. 7.5 In no event shall either party be liable to the other party for any indirect, incidental, consequential, punitive, reliance or special damages, including without limitation, damages for lost profits, advantage, savings or revenues of any kind or increased cost of operations, whether or not such party has been advised of the possibility of such damages. 7.6 DSM also shall not be liable for any damages arising out of or relating to: interoperability, interaction or interconnection problems with applications, equipment, services or networks provided by customer or third parties; service interruptions or lost or altered messages or transmissions, except as otherwise provided in an Attachment or Addenda; or, unauthorized access to or theft, alteration, loss or destruction of customer's, users' or third parties' applications, content, data, programs, information, network or systems. 7.7 Except as expressly provided in this Agreement, DSM makes no warranties, express or implied, and specifically disclaims any warranty of merchantability, fitness for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. DSM does not warrant that the services will be uninterrupted or error- free, or that the services will meet customer's requirements or that the services will prevent unauthorized access by third parties. DSM does not authorize anyone to make a warranty of any kind on its behalf and customer should not rely on anyone making such statements. 7.8 The limitations of liability set forth in this article 7 and in any Attachment or Addenda shall apply: (i) regardless of the form of action, whether in contract, tort, and strict liability or otherwise; and (ii) whether or not damages were foreseeable. These limitations of liability shall survive failure of any exclusive remedies provided in this Agreement. 7.9 This Agreement does not expressly or implicitly provide any third party (including Users) with any remedy, claim, liability, and reimbursement, cause of action or other right or privilege.

Disclaimers and Limitation of Liability. 7.1 Products or services sold or provided under another agreement are governed solely by the terms of that agreement, including any warranties, guaranties, or other obligations of DSM under that agreement. 7.2 In addition to and without limitation of the provisions contained in this Agreement, DSM shall not be responsible for: (i) service impairments caused by acts within the control of customer, its agents, subcontractors, suppliers, licensees or users; (ii) the inability of customer or any user to access or interact with any other service providers, networks, users or informational or computing resources through the internet; (iii) interactions with third parties through the internet; or, (iv) performance impairments caused elsewhere on the internet. 7.3 For purposes of articles 7, 13 and 14 and all other exclusive remedies and limitations of liability set forth in this Agreement, "DSM" shall be defined as DSM, its affiliates, and its and their employees, directors, officers, agents, representatives, subcontractors, interconnection service providers and suppliers; and "customer" shall be defined as customer, its affiliates, and its and their employees, directors, officers, agents, and representatives; and "damages" will refer collectively to all injury, damage, liability, loss, penalty, interest and expense incurred. 7.4 Either party’s entire liability and the other party’s exclusive remedies, for any damages caused by any service defect or failure, or for other claims arising in connection with any service or performance or non-performance of obligations under this Agreement shall be: (i) for bodily injury or death to any person, or real or tangible property damage, negligently caused by a party, or damages arising from the willful misconduct of a party or a breach of the provisions of articles 6 or 9, the other, party’s right to proven direct damages; (ii) for defects or failures of software, the remedies set forth in section Article 11; (iii) for indemnity, the remedies set forth in article Article 12;. (iv) for damages other than those set forth above and not excluded under this Agreement or any Attachment or Addenda, each party’s liability shall be limited to proven direct damages not to exceed per claim (or in the aggregate during any twelve (12) - month period) an amount equal to the total net payments payable by customer for the applicable service under the applicable Attachment or Addenda during the twelve (12) months preceding the month in which the damage occurred. This section 7.4(iv) shall not limit customer’s responsibility for the payment of any and all properly due charges under this Agreement. 7.5 In no event shall either party be liable to the other party for any indirect, incidental, consequential, punitive, reliance or special damages, including without limitation, damages for lost profits, advantage, savings or revenues of any kind or increased cost of operations, whether or not such party has been advised of the possibility of such damages. 7.6 DSM also shall not be liable for any damages arising out of or relating to: interoperability, interaction or interconnection problems with applications, equipment, services or networks provided by customer or third parties; service interruptions or lost or altered messages or transmissions, except as otherwise provided in an Attachment or Addenda; or, unauthorized access to or theft, alteration, loss or destruction of customer's, users' or third parties' applications, content, data, programs, information, network or systems. 7.7 Except as expressly provided in this Agreement, DSM makes no warranties, express or implied, and specifically disclaims any warranty of merchantability, fitness for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. DSM does not warrant that the services will be uninterrupted or error- free, or that the services will meet customer's requirements or that the services will prevent unauthorized access by third parties. DSM does not authorize anyone to make a warranty of any kind on its behalf and customer should not rely on anyone making such statements. 7.8 The limitations of liability set forth in this article 7 and in any Attachment or Addenda shall apply: (i) regardless of the form of action, whether in contract, tort, and strict liability or otherwise; and (ii) whether or not damages were foreseeable. These limitations of liability shall survive failure of any exclusive remedies provided in this Agreement. 7.9 This Agreement does not expressly or implicitly provide any third party (including Users) with any remedy, claim, liability, and reimbursement, cause of action or other right or privilege.

Disclaimers and Limitation of Liability. 7.1 Products or services sold or provided under another agreement are governed solely by the terms of that agreement, including any warranties, guaranties, or other obligations of DSM under that agreement. 7.2 In addition to and without limitation of the provisions contained in this Agreementthe agreement, DSM shall not be responsible for: (i) service impairments caused by acts within the control of customer, its agents, subcontractors, suppliers, licensees or users; (ii) the inability of customer or any user to access or interact with any other service providers, networks, users or informational or computing resources through the internet; (iii) interactions with third parties through the internet; or, (iv) performance impairments caused elsewhere on the internet. 7.3 Equipment provided to customer in conjunction with the service is provided by DSM “as is,” with no expressed or implied representations or warranties of any kind (such as merchantability or fitness for a particular purpose). DSM’s sole obligation with respect to such equipment shall be provided in the attachments. 7.4 For purposes of articles 7, 13 and 14 and all other exclusive remedies and limitations of liability set forth in this Agreementagreement, "DSM" shall be defined as DSM, its affiliates, and its and their employees, directors, officers, agents, representatives, subcontractors, interconnection service providers and suppliers; and "customer" shall be defined as customer, its affiliates, and its and their employees, directors, officers, agents, and representatives; and "damages" will refer collectively to all injury, damage, liability, loss, penalty, interest and expense incurred. 7.4 7.5 Either party’s entire liability and the other party’s exclusive remedies, for any damages caused by any service defect or failure, or for other claims arising in connection with any service or performance or non-performance non‐performance of obligations under this Agreement agreement shall be: (i) for For bodily injury or death to any person, or real or tangible property damage, negligently caused by a party, or damages arising from the willful misconduct of a party or a breach of the provisions of articles 6 or 9, the other, party’s right to proven direct damages; (ii) for For defects or failures of software, the remedies set forth in section 11; (iii) for For indemnity, the remedies set forth in article 1214; (iv) for For damages other than those set forth above and not excluded under this Agreement agreement or any Attachment or Addendaattachment, each party’s liability shall be limited to proven direct damages not to exceed per claim (or in the aggregate during any twelve (12) - month ‐month period) an amount equal to the total net payments payable by customer for the applicable service under the applicable Attachment or Addenda attachment during the twelve (12) months preceding the month in which the damage occurred. This section 7.4(iv7.5(iv) shall not limit customer’s responsibility for the payment of any and all properly due charges under this Agreementagreement. 7.5 7.6 In no event shall either party be liable to the other party for any indirect, incidental, consequential, punitive, reliance or special damages, including without limitation, damages for lost profits, advantage, savings or revenues of any kind or increased cost of operations, whether or not such party has been advised of the possibility of such damages. 7.6 7.7 DSM also shall not be liable for any damages arising out of or relating to: interoperability, interaction or interconnection problems with applications, equipment, services or networks provided by customer or third parties; service interruptions or lost or altered messages or transmissions, except as otherwise provided in an Attachment or Addendaattachment; or, unauthorized access to or theft, alteration, loss or destruction of customer's, users' or third parties' applications, content, data, programs, information, network or systems. 7.7 7.8 Except as expressly provided in this Agreementagreement, DSM makes no warranties, express or implied, and specifically disclaims any warranty of merchantability, fitness for a particular purpose, title or non-infringement non‐infringement or any warranty arising by usage of trade, course of dealing or course of performance. DSM does not warrant that the services will be uninterrupted or error- error‐ free, or that the services will meet customer's requirements or that the services will prevent unauthorized access by third parties. DSM does not authorize anyone to make a warranty of any kind on its behalf and customer should not rely on anyone making such statements. 7.8 7.9 The limitations of liability set forth in this article 7 and in any Attachment or Addenda attachment shall apply: (i) regardless of the form of action, whether in contract, tort, and strict liability or otherwise; and (ii) whether or not damages were foreseeable. These limitations of liability shall survive failure of any exclusive remedies provided in this Agreementagreement. 7.9 7.10 This Agreement does not expressly or implicitly provide any third party (including Users) with any remedy, claim, liability, and reimbursement, cause of action or other right or privilege.