Common use of Exclusions and Limitation of Liability Clause in Contracts

Exclusions and Limitation of Liability. 16.1 Nothing in the Agreement shall affect any liability which Kodak may have in respect of the death of, or personal injury to, any person resulting from Xxxxx’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law. 16.2 Subject to condition 16.1, in no event shall the liability of Kodak or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors and suppliers exceed the actual amount Customer paid for the specific Products that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims. 16.3 Subject to condition 16.1, in no event shall Kodak, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or suppliers or subcontractors be liable for any loss of revenue, profits, business, contracts or cost savings, claims for loss of production or goodwill payments made, anticipated losses resulting from the Agreement, lost data, source material, images or other output, cost of substitute equipment, facilities or services or downtime cost or claims from third parties for any such loss or damage or for any other indirect, special, incidental or consequential loss or damages of any kind even if Kodak is made aware of the possibility of such losses or damages. 16.4 Customer is responsible for purchasing and implementing its own network security including its own anti-virus software for Equipment, servers and workstations connected to the internet. Subject to condition 16.1, Kodak shall not assume or retain any liability or other obligations in connection with any possible Customer data loss or network security and/or virus violation. Customer shall hold harmless and indemnify Kodak, its parent corporation, its subsidiaries, affiliates, suppliers and licensors, subcontractors and manufacturers against any third party claims and losses relating to breaches of security pertaining to the internet. Kodak makes no claims, explicit or implied, related to operation and performance of Software in relation to third-party antivirus solutions. 16.5 It is the responsibility of Customer to make and maintain backups and implement other practices to safeguard configuration, software, system, data and programs within its servers, including, but not limited to Software and Kodak-supplied servers. Kodak shall not be liable for any losses (of data or productivity or of any other kind) resulting from rebuilding or reconfiguring software to the original, factory configuration. Reloading, rebuilding and reconfiguring of server software may, at Xxxxx’s sole discretion, be chargeable at Kodak's then published hourly professional services rates with minimum charges for service time, including travel and on-site wait time. 16.6 Kodak and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for unsatisfactory operation of the Goods with other manufacturer’s hardware, media or software, which have not been qualified by Kodak. 16.7 In the case of Goods supplied but not manufactured by Kodak, the liability of Kodak pertaining to such Goods shall be limited to amounts recovered by Kodak under warranties given by its supplier, if any.

Exclusions and Limitation of Liability. 16.1 10.1. Nothing in the Agreement and in these Miraclon T&C’s shall affect any liability which Kodak Miraclon may have in respect of the death of, or personal injury to, any person resulting from XxxxxXxxxxxxx’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law. 16.2 10.2. Subject to condition 16.1Section 10.1, in no event shall the liability of Kodak Miraclon or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors and suppliers exceed the actual amount that the Customer paid for the specific Products that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims. IN NO EVENT SHALL MIRACLON OR ITS PARENT CORPORATION, SUBSIDIARIES, AFFILIATES, LICENSORS, MANUFACTURERS, SUBCONTRACTORS AND SUPPLIERS BE LIABLE FOR ANY KIND OF SPECIAL, CONSEQUENTIAL PUNITIVE, OR EXEMPLARY DAMAGES FOR ANY REASON OR UNDER ANY THEORY OF LIABILITY WHATSOEVER. 16.3 10.3. Subject to condition 16.1Section 10.1, in no event shall KodakMiraclon, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or suppliers or subcontractors be liable for any loss of revenue, profits, business, contracts or cost savings, claims for loss of production or goodwill payments made, anticipated losses resulting from the Agreement, lost data, source material, images or other output, cost of substitute equipment, facilities or services or downtime cost or claims from third parties for any such loss or damage or for any other indirect, special, incidental or consequential loss or damages of any kind even if Kodak Miraclon is made aware of the possibility of such losses or damages. 16.4 10.4. The Customer is responsible for purchasing and implementing its own network security including its own anti-virus software for Equipmentand back-up data systems including, servers and workstations but not limited to, if the Equipment is connected to the public internet. Subject to condition 16.1Section 10.1, Kodak Miraclon shall not assume or retain any liability or other obligations in connection with any possible Customer data loss or network security and/or securityand/or virus violation. The Customer shall hold harmless and indemnify KodakMiraclon, its parent corporation, its subsidiaries, affiliates, suppliers and licensors, subcontractors and manufacturers against any third third- party claims and losses relating to breaches of security pertaining to the internet. Kodak makes no claims, explicit or implied, related to operation and performance of Software in relation to third-party antivirus solutionsInternet. 16.5 It is the responsibility of Customer to make and maintain backups and implement other practices to safeguard configuration, software, system, data and programs within its servers, including, but not limited to Software and Kodak-supplied servers10.5. Kodak shall not be liable for any losses (of data or productivity or of any other kind) resulting from rebuilding or reconfiguring software to the original, factory configuration. Reloading, rebuilding and reconfiguring of server software may, at Xxxxx’s sole discretion, be chargeable at Kodak's then published hourly professional services rates with minimum charges for service time, including travel and on-site wait time. 16.6 Kodak Miraclon and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for unsatisfactory operation of the Goods with other manufacturer’s hardware, media or software, which have not been qualified by KodakMiraclon. 16.7 10.6. In the case of Goods supplied but not manufactured by KodakMiraclon, the liability of Kodak Miraclon pertaining to such Goods shall be limited to amounts recovered by Kodak Miraclon under warranties given by its supplier, if any.

Exclusions and Limitation of Liability. 16.1 12.1 Nothing in the Agreement shall affect any liability which Kodak may have in respect of the death of, or personal injury to, any person resulting from XxxxxKodak’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law. 16.2 12.2 Subject to condition 16.112.1, in no event shall the liability of Kodak or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors and suppliers exceed the actual amount Customer paid for the specific Products Support Services and/or Supplies that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims. 16.3 12.3 Subject to condition 16.112.1, in no event shall Kodak, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or suppliers or subcontractors be liable for any loss of revenue, profits, business, contracts or cost savings, claims for loss of production or goodwill payments made, anticipated losses resulting from the Agreement, lost data, source material, images or other output, cost of substitute equipment, facilities or services or downtime cost or claims from third parties for any such loss or damage or for any other indirect, special, incidental or consequential loss or damages of any kind even if Kodak is made aware of the possibility of such losses or damages. 16.4 12.4 Customer is responsible for purchasing and implementing its own network security including its own anti-virus software for Equipment, servers and workstations connected to the internet. Subject to condition 16.112.1, Kodak shall not assume or retain any liability or other obligations in connection with any possible Customer data loss or network security and/or virus violation. Customer shall hold harmless and indemnify Kodak, its parent corporation, its subsidiaries, affiliates, suppliers and licensors, subcontractors and manufacturers against any third party claims and losses relating to breaches of security pertaining to the internet. Kodak makes no claims, explicit or implied, related to operation and performance of Software in relation to third-party antivirus solutions. 16.5 12.5 It is the responsibility of Customer to make and maintain backups and implement other practices to safeguard configuration, software, system, data and programs within its servers, including, but not limited to Software and Kodak-supplied servers. Kodak shall not be liable for any losses (of data or productivity or of any other kind) resulting from rebuilding or reconfiguring software to the original, factory configuration. Reloading, rebuilding and reconfiguring of server software may, at XxxxxKodak’s sole discretion, be chargeable at Kodak's then published hourly professional services rates with minimum charges for service time, including travel and on-site wait time. 16.6 12.6 Kodak and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for unsatisfactory operation of the Goods Products with other manufacturer’s hardware, media or software, which have not been qualified by Kodak. 16.7 In the case of Goods supplied but not manufactured by Kodak, the liability of Kodak pertaining to such Goods shall be limited to amounts recovered by Kodak under warranties given by its supplier, if any.

Exclusions and Limitation of Liability. 16.1 12.1 Nothing in the Agreement shall affect any liability which Kodak may have in respect of the death of, or personal injury to, any person resulting from Xxxxx’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law. 16.2 12.2 Subject to condition 16.112.1, in no event shall the liability of Kodak or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors and suppliers exceed the actual amount Customer paid for the specific Products Support Services and/or Supplies that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims. 16.3 12.3 Subject to condition 16.112.1, in no event shall Kodak, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or suppliers or subcontractors be liable for any loss of revenue, profits, business, contracts or cost savings, claims for loss of production or goodwill payments made, anticipated losses resulting from the Agreement, lost data, source material, images or other output, cost of substitute equipment, facilities or services or downtime cost or claims from third parties for any such loss or damage or for any other indirect, special, incidental or consequential loss or damages of any kind even if Kodak is made aware of the possibility of such losses or damages. 16.4 12.4 Customer is responsible for purchasing and implementing its own network security including its own anti-virus software for Equipment, servers and workstations connected to the internet. Subject to condition 16.112.1, Kodak shall not assume or retain any liability or other obligations in connection with any possible Customer data loss or network security and/or virus violation. Customer shall hold harmless and indemnify Kodak, its parent corporation, its subsidiaries, affiliates, suppliers and licensors, subcontractors and manufacturers against any third party claims and losses relating to breaches of security pertaining to the internet. Kodak makes no claims, explicit or implied, related to operation and performance of Software in relation to third-party antivirus solutions. 16.5 12.5 It is the responsibility of Customer to make and maintain backups and implement other practices to safeguard configuration, software, system, data and programs within its servers, including, but not limited to Software and Kodak-supplied servers. Kodak shall not be liable for any losses (of data or productivity or of any other kind) resulting from rebuilding or reconfiguring software to the original, factory configuration. Reloading, rebuilding and reconfiguring of server software may, at Xxxxx’s sole discretion, be chargeable at Kodak's then published hourly professional services rates with minimum charges for service time, including travel and on-site wait time. 16.6 12.6 Kodak and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for unsatisfactory operation of the Goods Products with other manufacturer’s hardware, media or software, which have not been qualified by Kodak. 16.7 In the case of Goods supplied but not manufactured by Kodak, the liability of Kodak pertaining to such Goods shall be limited to amounts recovered by Kodak under warranties given by its supplier, if any.

Exclusions and Limitation of Liability. 16.1 12.1 Nothing in the Agreement shall affect any liability which Kodak may have in respect of the death of, or personal injury to, any person resulting from XxxxxKodak’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law. 16.2 12.2 Subject to condition 16.112.1, in no event shall the liability of Kodak or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors and suppliers exceed the actual amount Customer paid for the specific Products that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims. 16.3 12.3 Subject to condition 16.112.1, in no event shall Kodak, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or suppliers or subcontractors be liable for any loss of revenue, profits, business, contracts or cost savings, claims for loss of production or goodwill payments made, anticipated losses resulting from the Agreement, lost data, source material, images or other output, cost of substitute equipment, facilities or services or downtime cost or claims from third parties for any such loss or damage or for any other indirect, special, incidental or consequential loss or damages of any kind even if Kodak is made aware of the possibility of such losses or damages.loss 16.4 12.4 Customer is responsible for purchasing and implementing its own network security including its own anti-virus software for Equipment, servers and workstations connected to the internet. Subject to condition 16.112.1, Kodak shall not assume or retain any liability or other obligations in connection with any possible Customer data loss or network security and/or virus violation. Customer shall hold harmless and indemnify Kodak, its parent corporation, its subsidiaries, affiliates, suppliers and licensors, subcontractors and manufacturers against any third party claims and losses relating to breaches of security pertaining to the internet. Kodak makes no claims, explicit or implied, related to operation and performance of Software in relation to third-party antivirus solutions. 16.5 12.5 It is the responsibility of Customer to make and maintain backups and implement other practices to safeguard configuration, software, system, data and programs within its servers, including, but not limited to Software and Kodak-supplied servers. Kodak shall not be liable for any losses (of data or productivity or of any other kind) resulting from rebuilding or reconfiguring software to the original, factory configuration. Reloading, rebuilding and reconfiguring of server software may, at XxxxxKodak’s sole discretion, be chargeable at Kodak's then published hourly professional services rates with minimum charges for service time, including travel and on-site wait time. 16.6 12.6 Kodak and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for unsatisfactory operation of the Goods with other manufacturer’s hardware, media or software, which have not been qualified by Kodak. 16.7 12.7 In the case of Goods supplied but not manufactured by Kodak, the liability of Kodak pertaining to such Goods shall be limited to amounts recovered by Kodak under warranties given by its supplier, if any.

Exclusions and Limitation of Liability. 16.1 Nothing in the Agreement shall affect any liability which Kodak may have in respect of the death of, or personal injury to, any person resulting from XxxxxKodak’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law. 16.2 Subject to condition 16.1, in no event shall the liability of Kodak or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors and suppliers exceed the actual amount Customer paid for the specific Products that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims. 16.3 Subject to condition 16.1, in no event shall Kodak, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or suppliers or subcontractors be liable for any loss of revenue, profits, business, contracts or cost savings, claims for loss of production or goodwill payments made, anticipated losses resulting from the Agreement, lost data, source material, images or other output, cost of substitute equipment, facilities or services or downtime cost or claims from third parties for any such loss or damage or for any other indirect, special, incidental or consequential loss or damages of any kind even if Kodak is made aware of the possibility of such losses or damages. 16.4 Customer is responsible for purchasing and implementing its own network security including its own anti-virus software for Equipment, servers and workstations connected to the internet. Subject to condition 16.1, Kodak shall not assume or retain any liability or other obligations in connection with any possible Customer data loss or network security and/or virus violation. Customer shall hold harmless and indemnify Kodak, its parent corporation, its subsidiaries, affiliates, suppliers and licensors, subcontractors and manufacturers against any third party claims and losses relating to breaches of security pertaining to the internet. Kodak makes no claims, explicit or implied, related to operation and performance of Software in relation to third-party antivirus solutions. 16.5 It is the responsibility of Customer to make and maintain backups and implement other practices to safeguard configuration, software, system, data and programs within its servers, including, but not limited to Software and Kodak-supplied servers. Kodak shall not be liable for any losses (of data or productivity or of any other kind) resulting from rebuilding or reconfiguring software to the original, factory configuration. Reloading, rebuilding and reconfiguring of server software may, at XxxxxKodak’s sole discretion, be chargeable at Kodak's then published hourly professional services rates with minimum charges for service time, including travel and on-site wait time. 16.6 Kodak and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for unsatisfactory operation of the Goods with other manufacturer’s hardware, media or software, which have not been qualified by Kodak. 16.7 In the case of Goods supplied but not manufactured by Kodak, the liability of Kodak pertaining to such Goods shall be limited to amounts recovered by Kodak under warranties given by its supplier, if any.

Exclusions and Limitation of Liability. 16.1 12.1 Nothing in the Agreement shall affect any liability which Kodak may have in respect of the death of, or personal injury to, any person resulting from Xxxxx’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law. 16.2 12.2 Subject to condition 16.112.1, in no event shall the liability of Kodak or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors and suppliers exceed the actual amount Customer paid for the specific Products that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims. 16.3 12.3 Subject to condition 16.112.1, in no event shall Kodak, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or suppliers or subcontractors be liable for any loss of revenue, profits, business, contracts or cost savings, claims for loss of production or goodwill payments made, anticipated losses resulting from the Agreement, lost data, source material, images or other output, cost of substitute equipment, facilities or services or downtime cost or claims from third parties for any such loss or damage or for any other indirect, special, incidental or consequential loss or damages of any kind even if Kodak is made aware of the possibility of such losses or damages.of 16.4 12.4 Customer is responsible for purchasing and implementing its own network security including its own anti-virus software for Equipment, servers and workstations connected to the internet. Subject to condition 16.112.1, Kodak shall not assume or retain any liability or other obligations in connection with any possible Customer data loss or network security and/or virus violation. Customer shall hold harmless and indemnify Kodak, its parent corporation, its subsidiaries, affiliates, suppliers and licensors, subcontractors and manufacturers against any third party claims and losses relating to breaches of security pertaining to the internet. Kodak makes no claims, explicit or implied, related to operation and performance of Software in relation to third-party antivirus solutions. 16.5 12.5 It is the responsibility of Customer to make and maintain backups and implement other practices to safeguard configuration, software, system, data and programs within its servers, including, but not limited to Software and Kodak-supplied servers. Kodak shall not be liable for any losses (of data or productivity or of any other kind) resulting from rebuilding or reconfiguring software to the original, factory configuration. Reloading, rebuilding and reconfiguring of server software may, at Xxxxx’s sole discretion, be chargeable at Kodak's then published hourly professional services rates with minimum charges for service time, including travel and on-site wait time. 16.6 12.6 Kodak and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for unsatisfactory operation of the Goods with other manufacturer’s hardware, media or software, which have not been qualified by Kodak. 16.7 12.7 In the case of Goods supplied but not manufactured by Kodak, the liability of Kodak pertaining to such Goods shall be limited to amounts recovered by Kodak under warranties given by its supplier, if any.

Exclusions and Limitation of Liability. 16.1 16.1. Nothing in the Agreement and in these Miraclon’s T&Cs shall affect any liability which Kodak Miraclon may have in respect of the death of, or personal injury to, any person resulting from XxxxxXxxxxxxx’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law. 16.2 16.2. Subject to condition Section 16.1, in no event shall the liability of Kodak Miraclon or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors and suppliers exceed the actual amount the Customer paid for the specific Products that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims. IN NO EVENT SHALL MIRACLON OR ITS PARENT CORPORATION, SUBSIDIARIES, AFFILIATES, LICENSORS, MANUFACTURERS, SUBCONTRACTORS AND SUPPLIERS BE LIABLE FOR ANY KIND OF SPECIAL, CONSEQUENTIAL PUNITIVE, OR EXEMPLARY DAMAGES FOR ANY REASON OR UNDER ANY THEORY OF LIABILITY WHATSOEVER. 16.3 16.3. Subject to condition Section 16.1, in no event shall KodakMiraclon, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or suppliers or subcontractors be liable for any loss of revenue, profits, business, contracts or cost savings, claims for loss of production or goodwill payments made, anticipated losses resulting from the Agreement, lost data, source material, images or other output, cost of substitute equipment, facilities or services or downtime cost or claims from third parties for any such loss or damage or for any other indirect, special, incidental or consequential loss or damages of any kind even if Kodak Miraclon is made aware of the possibility of such losses or damages. 16.4 16.4. The Customer is responsible for purchasing and implementing its own network security including its own anti-virus software for Equipmentand back-up data systems including, servers and workstations but not limited to, if Equipment is connected to the public internet. Subject to condition Section 16.1, Kodak Miraclon shall not assume or retain any liability or other obligations in connection with any possible Customer data loss or network security and/or virus violation. The Customer shall hold harmless and indemnify KodakMiraclon, its parent corporation, its subsidiaries, affiliates, suppliers and licensors, subcontractors and manufacturers against any third third-party claims and losses relating to breaches of security pertaining to the internet. Kodak makes no claims, explicit or implied, related to operation and performance of Software in relation to third-party antivirus solutionsInternet. 16.5 It is the responsibility of Customer to make and maintain backups and implement other practices to safeguard configuration, software, system, data and programs within its servers, including, but not limited to Software and Kodak-supplied servers16.5. Kodak shall not be liable for any losses (of data or productivity or of any other kind) resulting from rebuilding or reconfiguring software to the original, factory configuration. Reloading, rebuilding and reconfiguring of server software may, at Xxxxx’s sole discretion, be chargeable at Kodak's then published hourly professional services rates with minimum charges for service time, including travel and on-site wait time. 16.6 Kodak Miraclon and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for unsatisfactory operation of the Goods with other manufacturer’s hardware, media or software, which have not been qualified by KodakMiraclon. 16.7 16.6. In the case of Goods supplied but not manufactured by KodakMiraclon, the liability of Kodak Miraclon pertaining to such Goods shall be limited to amounts recovered by Kodak Miraclon under warranties given by its supplier, if any.

Exclusions and Limitation of Liability. 16.1 Nothing in the Agreement shall affect any liability which Kodak may have in respect of the death of, or personal injury to, any person resulting from XxxxxKodak’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law. 16.2 Subject to condition 16.1, in no event shall the liability of Kodak or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors and suppliers exceed the actual amount Customer paid for the specific Products that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims. 16.3 Subject to condition 16.1, in no event shall Kodak, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or suppliers or subcontractors be liable for any loss of revenue, profits, business, contracts or cost savings, claims for loss of production or goodwill payments made, anticipated losses resulting from the Agreement, lost data, source material, images or other output, cost of substitute equipment, facilities or services or downtime cost or claims from third parties for any such loss or damage or for any other indirect, special, incidental or consequential loss or damages of any kind even if Kodak is made aware of the possibility of such losses or damages. 16.4 Customer is responsible for purchasing and implementing its own network security including its own anti-virus software for Equipment, servers and workstations connected to the internet. Subject to condition 16.1, Kodak shall not assume or retain any liability or other obligations in connection with any possible Customer data loss or network security and/or virus violation. Customer shall hold harmless and indemnify Kodak, its parent corporation, its subsidiaries, affiliates, suppliers and licensors, subcontractors and manufacturers against any third party claims and losses relating to breaches of security pertaining to the internet. Kodak makes no claims, explicit or implied, related to operation and performance of Software in relation to third-party antivirus solutions. 16.5 It is the responsibility of Customer to make and maintain backups and implement other practices to safeguard configuration, software, system, data and programs within its servers, including, but not limited to Software and Kodak-supplied servers. Kodak shall not be liable for any losses (of data or productivity or of any other kind) resulting from rebuilding or reconfiguring software to the original, factory configuration. Reloading, rebuilding and reconfiguring of server software may, at Xxxxx’s sole discretion, be chargeable at Kodak's then published hourly professional services rates with minimum charges for service time, including travel and on-site wait time. 16.6 Kodak and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for unsatisfactory operation of the Goods with other manufacturer’s hardware, media or software, which have not been qualified by Kodak. 16.7 In the case of Goods supplied but not manufactured by Kodak, the liability of Kodak pertaining to such Goods shall be limited to amounts recovered by Kodak under warranties given by its supplier, if any.

Exclusions and Limitation of Liability. 16.1 Nothing in the Agreement and in these Miraclon’s T&C’s shall affect any liability which Kodak Miraclon may have in respect of the death of, or personal injury to, any person resulting from XxxxxXxxxxxxx’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law. 16.2 Subject to condition Section 16.1, in no event shall the liability of Kodak Miraclon or that of its parent corporation, subsidiaries, affiliates, licensors, ,manufacturers, subcontractors and suppliers exceed the actual amount the Customer paid for the specific Products that directly gave rise to the tothe damages claimed, regardless of the basis on which the injured Party claims. IN NO EVENT SHALL MIRACLON OR ITS PARENT CORPORATION, SUBSIDIARIES, AFFILIATES, LICENSORS, MANUFACTURERS, SUBCONTRACTORS AND SUPPLIERS BE LIABLE FOR ANY KIND OF SPECIAL, CONSEQUENTIAL PUNITIVE, OR EXEMPLARY DAMAGES FOR ANY REASON OR UNDER ANY THEORY OF LIABILITY WHATSOEVER. 16.3 Subject to condition Section 16.1, in no event shall KodakMiraclon, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or suppliers or subcontractors be liable for any loss of revenue, profits, business, contracts or cost savings, claims for loss of production or goodwill payments made, anticipated losses resulting from the Agreement, lost data, source material, images or other output, cost of substitute equipment, facilities or services or downtime cost or claims from third parties for any such loss or damage or for any other indirect, special, incidental or consequential loss or damages of any kind even if Kodak Miraclon is made aware of the possibility of such losses or damages. 16.4 The Customer is responsible for purchasing and implementing its own network security including its own anti-virus software for Equipmentand back-up data systems including, servers and workstations but not limited to, if Equipment is connected to the public internet. Subject to condition Section 16.1, Kodak Miraclon shall not assume or retain any liability or other obligations in connection with any possible Customer data loss or network security and/or virus violation. The Customer shall hold harmless and indemnify KodakMiraclon, its parent corporation, its subsidiaries, affiliates, suppliers and licensors, subcontractors and manufacturers against any third party claims and losses relating to breaches of security pertaining to the internet. Kodak makes no claims, explicit or implied, related to operation and performance of Software in relation to third-party antivirus solutions.Internet 16.5 It is the responsibility of Customer to make and maintain backups and implement other practices to safeguard configuration, software, system, data and programs within its servers, including, but not limited to Software and Kodak-supplied servers. Kodak shall not be liable for any losses (of data or productivity or of any other kind) resulting from rebuilding or reconfiguring software to the original, factory configuration. Reloading, rebuilding and reconfiguring of server software may, at Xxxxx’s sole discretion, be chargeable at Kodak's then published hourly professional services rates with minimum charges for service time, including travel and on-site wait time. 16.6 Kodak Miraclon and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for unsatisfactory operation of the Goods with other manufacturer’s hardware, media or software, which have not been qualified by KodakMiraclon. 16.7 16.6 In the case of Goods supplied but not manufactured by KodakMiraclon, the liability of Kodak Miraclon pertaining to such Goods shall be limited to amounts recovered by Kodak Miraclon under warranties given by its supplier, if any.

Exclusions and Limitation of Liability. 16.1 10.1 Nothing in the Agreement and in these Miraclon T&C’s shall affect any liability which Kodak Miraclon may have in respect of the death of, or personal injury to, any person resulting from XxxxxXxxxxxxx’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law. 16.2 10.2 Subject to condition 16.110.1, in no event shall the liability of Kodak Miraclon or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors subcontractors, and suppliers exceed the actual amount Customer paid for the specific Products that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims. 16.3 10.3 Subject to condition 16.110.1, in no event shall KodakMiraclon, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or suppliers or subcontractors be liable for any loss of revenue, profits, business, contracts or cost savings, claims for loss of production or goodwill payments made, anticipated losses resulting from the Agreement, lost data, source material, images or other output, cost of substitute equipment, facilities or services or downtime cost or claims from third parties for any such loss or damage or for any other indirect, special, incidental or consequential loss or damages of any kind even if Kodak Miraclon is made aware of the possibility of such losses or damages. 16.4 10.4 Customer is responsible for purchasing and implementing its own network security including its own anti-virus software for Equipmentand back-up data systems including, servers and workstations but not limited to, if any Products are connected to the public internet. Subject to condition 16.110.1, Kodak Miraclon shall not assume or retain any liability or other obligations in connection with any possible Customer data loss or network security and/or virus violation. Customer shall hold harmless and indemnify KodakMiraclon, its parent corporation, its subsidiaries, affiliates, suppliers and licensors, subcontractors and manufacturers against any third party claims and losses relating to breaches of security pertaining to the internet. Kodak makes no claims, explicit or implied, related to operation and performance of Software in relation to third-party antivirus solutionsInternet. 16.5 It is the responsibility of Customer to make and maintain backups and implement other practices to safeguard configuration, software, system, data and programs within its servers, including, but not limited to Software and Kodak-supplied servers. Kodak shall not be liable for any losses (of data or productivity or of any other kind) resulting from rebuilding or reconfiguring software to the original, factory configuration. Reloading, rebuilding and reconfiguring of server software may, at Xxxxx’s sole discretion, be chargeable at Kodak's then published hourly professional services rates with minimum charges for service time, including travel and on-site wait time. 16.6 Kodak 10.5 Miraclon and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for unsatisfactory operation of the Goods Products with other manufacturer’s hardware, media or software, which have not been qualified by KodakMiraclon. 16.7 10.6 In the case of Goods Products supplied but not manufactured by KodakMiraclon, the liability of Kodak Miraclon pertaining to such Goods Products shall be limited to amounts recovered by Kodak Miraclon under warranties given by its supplier, if any.

Exclusions and Limitation of Liability. 16.1 12.1 Nothing in the Agreement shall affect any liability which Kodak may have in respect of the death of, or personal injury to, any person resulting from XxxxxKodak’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law. 16.2 12.2 Subject to condition 16.112.1, in no event shall the liability of Kodak or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors and suppliers exceed the actual amount Customer paid for the specific Products that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims. 16.3 12.3 Subject to condition 16.112.1, in no event shall Kodak, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or suppliers or subcontractors be liable for any loss of revenue, profits, business, contracts or cost savings, claims for loss of production or goodwill payments made, anticipated losses resulting from the Agreement, lost data, source material, images or other output, cost of substitute equipment, facilities or services or downtime cost or claims from third parties for any such loss or damage or for any other indirect, special, incidental or consequential loss or damages of any kind even if Kodak is made aware of the possibility of such losses or damages. 16.4 12.4 Customer is responsible for purchasing and implementing its own network security including its own anti-virus software for Equipment, servers and workstations connected to the internet. Subject to condition 16.112.1, Kodak shall not assume or retain any liability or other obligations in connection with any possible Customer data loss or network security and/or virus violation. Customer shall hold harmless and indemnify Kodak, its parent corporation, its subsidiaries, affiliates, suppliers and licensors, subcontractors and manufacturers against any third party claims and losses relating to breaches of security pertaining to the internet. Kodak makes no claims, explicit or implied, related to operation and performance of Software in relation to third-party antivirus solutions. 16.5 12.5 It is the responsibility of Customer to make and maintain backups and implement other practices to safeguard configuration, software, system, data and programs within its servers, including, but not limited to Software and Kodak-supplied servers. Kodak shall not be liable for any losses (of data or productivity or of any other kind) resulting from rebuilding or reconfiguring software to the original, factory configuration. Reloading, rebuilding and reconfiguring of server software may, at XxxxxKodak’s sole discretion, be chargeable at Kodak's then published hourly professional services rates with minimum charges for service time, including travel and on-site wait time. 16.6 12.6 Kodak and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for unsatisfactory operation of the Goods with other manufacturer’s hardware, media or software, which have not been qualified by Kodak. 16.7 12.7 In the case of Goods supplied but not manufactured by Kodak, the liability of Kodak pertaining to such Goods shall be limited to amounts recovered by Kodak under warranties given by its supplier, if any.

Exclusions and Limitation of Liability. 16.1 12.1 Nothing in the Agreement shall affect any liability which Kodak may have in respect of the death of, or personal injury to, any person resulting from Xxxxx’s negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law. 16.2 12.2 Subject to condition 16.112.1, in no event shall the liability of Kodak or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors and suppliers exceed the actual amount Customer paid for the specific Products Support Services and/or Supplies that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims. 16.3 12.3 Subject to condition 16.112.1, in no event shall Kodak, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or suppliers or subcontractors be liable for any loss of revenue, profits, business, contracts or cost savings, claims for loss of production or goodwill payments made, anticipated losses resulting from the Agreement, lost data, source material, images or other output, cost of substitute equipment, facilities or services or downtime cost or claims from third parties for any such loss or damage or for any other indirect, special, incidental or consequential loss or damages of any kind even if Kodak is made aware of the possibility of such losses or damages. 16.4 12.4 Customer is responsible for purchasing and implementing its own network security including its own anti-virus software for Equipment, servers and workstations connected to the internet. Subject to condition 16.112.1, Kodak shall not assume or retain any liability or other obligations in connection with any possible Customer data loss or network security and/or virus violation. Customer shall hold harmless and indemnify Kodak, its parent corporation, its subsidiaries, affiliates, suppliers and licensors, subcontractors and manufacturers against any third party claims and losses relating to breaches of security pertaining to the internet. Kodak makes no claims, explicit or implied, related to operation and performance of Software in relation to third-party antivirus solutions. 16.5 12.5 It is the responsibility of Customer to make and maintain backups and implement other practices to safeguard configuration, software, system, data and programs within its servers, including, but not limited to Software and Kodak-supplied servers. Kodak shall not be liable for any losses (of data or productivity or of any other kind) resulting from rebuilding or reconfiguring software to the original, factory configuration. Reloading, rebuilding and reconfiguring of server software may, at XxxxxKodak’s sole discretion, be chargeable at Kodak's then published hourly professional services rates with minimum charges for service time, including travel and on-site wait time. 16.6 12.6 Kodak and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for unsatisfactory operation of the Goods Products with other manufacturer’s hardware, media or software, which have not been qualified by Kodak. 16.7 In the case of Goods supplied but not manufactured by Kodak, the liability of Kodak pertaining to such Goods shall be limited to amounts recovered by Kodak under warranties given by its supplier, if any.