Common use of Exclusion of Damages; Limitation of Liability Clause in Contracts

Exclusion of Damages; Limitation of Liability. 9.2.1 Subject to sections 9.2.2, 9.2.3 and 9.2.4 below and regardless of the basis of liability (whether arising out of breach of contract, tort (including but not limited to negligence), misrepresentation, breach of statutory duty, breach of warranty or claims by third parties, wilful misconduct or otherwise) neither SAP or Licensee shall be liable to the other or any other party for any of the following types of loss or damage arising under or in relation to this Agreement: (a) loss of profits or revenue; (ii) loss of business; (iii) loss of or damage to data; (iv) loss of goodwill; (v) losses from computer failure or malfunction; (vi) legal fees; (vii) computer failure or malfunction, (viii) interest or exemplary or punitive damages, or (ix) loss of anticipated savings; and regardless of whether any such loss or damage listed in this sub-section (a) is direct, indirect, special, incidental or consequential; (b) indirect, special, incidental or consequential loss or damages and whether or not the other party had been advised of the possibility of such loss or damage; or (c) loss or damage related to Third Party Software which exceeds the net Software license fees paid for the Third Party Software directly causing the loss or damage. 9.2.2 Subject to sections 9.2.1, 9.2.3 and 9.2.4 and regardless of the basis of liability (whether arising out of breach of contract, tort (including but not limited to negligence), misrepresentation, breach of statutory duty, breach of warranty or claims by third parties, wilful misconduct or otherwise) the aggregate liability of each party to the other or any other party for any loss or damage arising under or in relation to this Agreement shall not exceed the aggregate Software license fees paid for the Software directly causing the damages. 9.2.3 Nothing in this Agreement shall exclude or limit either party’s liability for death or personal injury caused by negligence, for fraud and fraudulent misrepresentation or for any other liability which cannot be excluded or limited by applicable law. 9.2.4 Nothing in this Agreement shall exclude or limit either party’s liability for damages resulting from unauthorized use or disclosure of Confidential Information, SAP’s liability for Third Party Claims under Section 8.1 or Licensee’s liability for any failure to pay any fees due under or in relation to this Agreement.

Exclusion of Damages; Limitation of Liability. 9.2.1 Subject to sections 9.2.2, 9.2.3 and 9.2.4 below and regardless of the basis of liability (whether arising out of liability under breach of contract, tort (including but not limited to negligence), misrepresentation, breach of statutory duty, breach of warranty or warranty, claims by third parties, wilful misconduct or otherwiseparties arising from any breach of this Agreement) neither SAP or Licensee shall be liable to the other or any other party for any of the following types of loss or damage arising under or in relation to this AgreementAgreement to the extent that such loss or damage: (a) is: (i) loss of profits or revenue; (ii) loss of business; (iii) loss of or damage to data; (iv) loss of goodwill; (v) losses from computer failure or malfunction; (vi) legal fees; or (vii) computer failure or malfunction, (viii) interest or exemplary or punitive damages, or (ix) loss of anticipated savings; and regardless of whether any such loss or damage listed in this sub-section (a) is direct, indirect, special, incidental or consequential; (b) is indirect, special, incidental or consequential loss or damages and whether or not the other party had been advised of the possibility of such loss or damage; (c) (where such loss or damage relates to Software other than Third Party Software) exceeds the greater of: (i) the net Software licence fee paid in respect of the Software directly causing the loss or damage; or (ii) £50,000; or (cd) (where such loss or damage related relates to Third Party Software which Software) exceeds the net Software license fees licence fee paid for the Third Party Software directly causing the loss or damage. 9.2.2 Subject to sections 9.2.1, 9.2.3 and 9.2.4 and regardless of the basis of liability (whether arising out of liability under breach of contract, tort (including but not limited to negligence), misrepresentation, breach of statutory duty, breach of warranty or claims by third parties, wilful misconduct or otherwiseparties arising from any breach of this Agreement) the aggregate liability of each party to the other or any other party for any loss or damage arising under or in relation to this Agreement shall not exceed the aggregate Software license licence fees paid for the Software directly causing the damagesunder this Agreement. 9.2.3 Nothing in this Agreement shall exclude or limit either party’s liability for death or personal injury caused by negligence, for fraud breach of the obligations imposed by s.12, Sale of Goods Xxx 0000 or s.2, Supply of Goods and Services Xxx 0000, fraudulent misrepresentation or for any other liability which cannot be excluded or limited by applicable law. 9.2.4 Nothing in this Agreement shall exclude or limit either party’s liability for damages resulting from unauthorized use or disclosure of Confidential Informationunder section 10, SAP’s liability for Third Party Claims under Section 8.1 or Licensee’s liability for any failure to pay any fees due under hereunder or in relation to this Agreementfor any breach of section 12.4, section 6 or for any breach, misuse or infringement of SAP’s Intellectual Property Rights.

Exclusion of Damages; Limitation of Liability. 9.2.1 Subject to sections 9.2.2, 9.2.3 and 9.2.4 below and regardless of the basis of liability (whether arising out of liability under breach of contract, tort (including but not limited to negligence), misrepresentation, breach of statutory duty, breach of warranty or warranty, claims by third parties, wilful misconduct or otherwiseparties arising from any breach of this Agreement) neither SAP or Licensee shall be liable to the other or any other party for any of the following types of loss or damage arising under or in relation to this AgreementAgreement to the extent that such loss or damage: (a) is: (i) loss of profits or revenue; (ii) loss of business; (iii) loss of or damage to data; (iv) loss of goodwill; (v) losses from computer failure or malfunction; (vi) legal fees; or (vii) computer failure or malfunction, (viii) interest or exemplary or punitive damages, or (ix) loss of anticipated savings; and regardless of whether any such loss or damage listed in this sub-section (a) is direct, indirect, special, incidental or consequential; (b) is indirect, special, incidental or consequential loss or damages and whether or not the other party had been advised of the possibility of such loss or damage; (c) (where such loss or damage relates to Software other than Third Party Software) exceeds the greater of: (i) the net license fees paid to the Partner in respect of the Software directly causing the loss or damage; or (ii) £50,000; or (cd) (where such loss or damage related relates to Third Party Software which Software) exceeds the net Software license fees licence fee paid to the Partner for the Third Party Software directly causing the loss or damage. 9.2.2 Subject to sections 9.2.1, 9.2.3 and 9.2.4 and regardless of the basis of liability (whether arising out of liability under breach of contract, tort (including but not limited to negligence), misrepresentation, breach of statutory duty, breach of warranty or claims by third parties, wilful misconduct or otherwiseparties arising from any breach of this Agreement) the aggregate liability of each party to the other or any other party for any loss or damage arising under or in relation to this Agreement shall not exceed the aggregate Software license licence fees paid for to the Software directly causing the damagesPartner in respect of this Agreement. 9.2.3 Nothing in this Agreement shall exclude or limit either party’s liability for death or personal injury caused by negligence, for fraud breach of the obligations imposed by s.10, Sale of Goods and Supply of Services Xxx 0000, fraudulent misrepresentation or for any other liability which cannot be excluded or limited by applicable law. 9.2.4 Nothing in this Agreement shall exclude or limit either party’s liability for damages resulting from unauthorized use or disclosure of Confidential Informationunder section 10, SAP’s liability for Third Party Claims under Section 8.1 or Licensee’s liability for any failure to pay any fees due under hereunder or in relation to this Agreementfor any breach of section 12.5, section 6 or for any breach, misuse or infringement of SAP’s Intellectual Property Rights.

Exclusion of Damages; Limitation of Liability. 9.2.1 Subject to sections 9.2.2, 9.2.3 and 9.2.4 below and regardless of the basis of liability (whether arising out of liability under breach of contract, tort (including but not limited to negligence), misrepresentation, breach of statutory duty, breach of warranty or warranty, claims by third parties, wilful misconduct or otherwiseparties arising from any breach of this Agreement) neither SAP or Licensee shall be liable to the other or any other party for any of the following types of loss or damage arising under or in relation to this AgreementAgreement to the extent that such loss or damage: (a) is: (i) loss of profits or revenue; (ii) loss of business; (iii) loss of or damage to data; (iv) loss of goodwill; (v) losses from computer failure or malfunction; (vi) legal fees; or (vii) computer failure or malfunction, (viii) interest or exemplary or punitive damages, or (ix) loss of anticipated savings; and regardless of whether any such loss or damage listed in this sub-section (a) is direct, indirect, special, incidental or consequential; (b) is indirect, special, incidental or consequential loss or damages and whether or not the other party had been advised of the possibility of such loss or damage; (c) (where such loss or damage relates to Software other than Third Party Software) exceeds the greater of: (i) the net license fees paid to the Partner in respect of the Software directly causing the loss or damage; or (ii) £50,000; or (cd) (where such loss or damage related relates to Third Party Software which Software) exceeds the net Software license fees licence fee paid to the Partner for the Third Party Software directly causing the loss or damage. 9.2.2 Subject to sections 9.2.1, 9.2.3 and 9.2.4 and regardless of the basis of liability (whether arising out of liability under breach of contract, tort (including but not limited to negligence), misrepresentation, breach of statutory duty, breach of warranty or claims by third parties, wilful misconduct or otherwiseparties arising from any breach of this Agreement) the aggregate liability of each party to the other or any other party for any loss or damage arising under or in relation to this Agreement shall not exceed the aggregate Software license licence fees paid for to the Software directly causing the damagesPartner in respect of this Agreement. 9.2.3 Nothing in this Agreement shall exclude or limit either party’s liability for death or personal injury caused by negligence, for fraud breach of the obligations imposed by s.12, Sale of Goods Xxx 0000 or s.2, Supply of Goods and Services Xxx 0000, fraudulent misrepresentation or for any other liability which cannot be excluded or limited by applicable law. 9.2.4 Nothing in this Agreement shall exclude or limit either party’s liability for damages resulting from unauthorized use or disclosure of Confidential Informationunder section 10, SAP’s liability for Third Party Claims under Section 8.1 or Licensee’s liability for any failure to pay any fees due under hereunder or in relation to this Agreementfor any breach of section 12.5, section 6 or for any breach, misuse or infringement of SAP’s Intellectual Property Rights.