Common use of Exclusions and Limitation of Liability Clause in Contracts

Exclusions and Limitation of Liability. 9.1 Nothing in the Agreement and in these Miraclon T&C’s shall affect any liability which Miraclon may have in respect of the death of, or personal injury to, any person resulting from Xxxxxxxx’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. 9.2 Subject to condition 9.1, in no event shall the liability of Miraclon or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors, and suppliers exceed the actual amount Customer paid for the specific Consumables that directly gave rise to the damages claimed. 9.3 Subject to condition 9.1, in no event shall Miraclon, 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 Miraclon is made aware of the possibility of such losses or damages. 10.1 The Agreement shall be effective from and including the Effective Date and shall continue for the Initial Period continuing thereafter unless and until either Party terminates the Agreement by giving 3 months’ written notice to the other expiring at the end of the Initial Period or at any time thereafter. 10.2 Miraclon may, by written notice to the Customer, terminate the Agreement or suspend the supply of Consumables immediately in the event: a) the Customer fails to make any payment due to Miraclon within 14 days of the due date; b) of any insolvency or bankruptcy proceedings by or against Customer including appointment of a receiver; and/or c) the Customer is in breach of any material provision of the Agreement or these Miraclon T&C’s which is not rectified within 30 days of written notice requiring rectification. Such termination shall be without prejudice to the accrued rights of Miraclon and the Customer, provided that Miraclon may without liability cancel any outstanding orders and provided that, subject to condition 9.1, Miraclon shall not be liable for any termination damages or compensation however arising.

Exclusions and Limitation of Liability. 9.1 16.1 Nothing in the Agreement and in these Miraclon Miraclon’s T&C’s shall affect any liability which Miraclon may have in respect of the death of, or personal injury to, any person resulting from Xxxxxxxx’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. 9.2 16.2 Subject to condition 9.1Section 16.1, in no event shall the liability of Miraclon or that of its parent corporation, subsidiaries, affiliates, licensors, ,manufacturers, subcontractors, subcontractors and suppliers exceed the actual amount the Customer paid for the specific Consumables 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. 9.3 16.3 Subject to condition 9.1Section 16.1, in no event shall Miraclon, 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 Miraclon is made aware of the possibility of such losses or damages. 10.1 16.4 The Agreement shall be effective from Customer is responsible for implementing its own network security including its own anti-virus and including the Effective Date and shall continue for the Initial Period continuing thereafter unless and until either Party terminates the Agreement by giving 3 months’ written notice back-up data systems including, but not limited to, if Equipment is connected to the other expiring at the end of the Initial Period or at any time thereafter. 10.2 Miraclon may, by written notice public internet. Subject to the Customer, terminate the Agreement or suspend the supply of Consumables immediately in the event: a) the Customer fails to make any payment due to Miraclon within 14 days of the due date; b) of any insolvency or bankruptcy proceedings by or against Customer including appointment of a receiver; and/or c) the Customer is in breach of any material provision of the Agreement or these Miraclon T&C’s which is not rectified within 30 days of written notice requiring rectification. Such termination shall be without prejudice to the accrued rights of Miraclon and the Customer, provided that Miraclon may without liability cancel any outstanding orders and provided that, subject to condition 9.1Section 16.1, 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 Miraclon, 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 16.5 Miraclon and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for any termination damages unsatisfactory operation of the Goods with other manufacturer’s hardware, media or compensation however arisingsoftware, which have not been qualified by Miraclon. 16.6 In the case of Goods supplied but not manufactured by Miraclon, the liability of Miraclon pertaining to such Goods shall be limited to amounts recovered by Miraclon under warranties given by its supplier, if any.

Exclusions and Limitation of Liability. 9.1 16.1. Nothing in the Agreement and in these Miraclon Miraclon’s T&C’s shall affect any liability which Miraclon may have in respect of the death of, or personal injury to, any person resulting from XxxxxxxxMiraclon’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. 9.2 16.2. Subject to condition 9.1Section 16.1, in no event shall the liability of Miraclon or that of its parent corporation, subsidiaries, affiliates, licensors, ,manufacturers, subcontractors, subcontractors and suppliers exceed the actual amount the Customer paid for the specific Consumables 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. 9.3 16.3. Subject to condition 9.1Section 16.1, in no event shall Miraclon, 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 Miraclon is made aware of the possibility of such losses or damages. 10.1 16.4. The Agreement shall be effective from Customer is responsible for implementing its own network security including its own anti-virus and including the Effective Date and shall continue for the Initial Period continuing thereafter unless and until either Party terminates the Agreement by giving 3 months’ written notice back-up data systems including, but not limited to, if Equipment is connected to the other expiring at the end of the Initial Period or at any time thereafter. 10.2 Miraclon may, by written notice public internet. Subject to the Customer, terminate the Agreement or suspend the supply of Consumables immediately in the event: a) the Customer fails to make any payment due to Miraclon within 14 days of the due date; b) of any insolvency or bankruptcy proceedings by or against Customer including appointment of a receiver; and/or c) the Customer is in breach of any material provision of the Agreement or these Miraclon T&C’s which is not rectified within 30 days of written notice requiring rectification. Such termination shall be without prejudice to the accrued rights of Miraclon and the Customer, provided that Miraclon may without liability cancel any outstanding orders and provided that, subject to condition 9.1Section 16.1, 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 Miraclon, 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. 16.5. Miraclon and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for any termination damages unsatisfactory operation of the Goods with other manufacturer’s hardware, media or compensation however arisingsoftware, which have not been qualified by Miraclon. 16.6. In the case of Goods supplied but not manufactured by Miraclon, the liability of Miraclon pertaining to such Goods shall be limited to amounts recovered by Miraclon under warranties given by its supplier, if any.

Exclusions and Limitation of Liability. 9.1 Nothing 5.1 Client acknowledges and agrees that computer and telecommunications systems are not fault-free and that occasional periods of downtime occur. Clarivate cannot guarantee the Services will be permanently uninterrupted, timely, secure or error-free. 5.2 Clarivate shall be liable only to the extent that Clarivate, its vicarious agents, and/or its legal representatives have acted with intent or gross negligence. This shall not apply to the extent that material obligations provided for in these terms have been violated by Clarivate, its vicarious agents, and/or its legal representatives. Material Obligations under this Agreement shall cover any duties which need to be rendered to the Client pursuant to the Agreement’s aim or which enable the proper performance of this Agreement and where the Client may trust in the Agreement and in these Miraclon T&C’s shall affect compliance of such obligations. 5.3 In the event of slight negligence, any liability which Miraclon may have in respect of the death of, or personal injury to, any person resulting from Xxxxxxxx’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. 9.2 Subject to condition 9.1, in no event shall the liability of Miraclon or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors, and suppliers exceed the actual amount Customer paid for the specific Consumables that directly gave rise to the damages claimed. 9.3 Subject to condition 9.1, in no event shall MiraclonClarivate, 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 Miraclon is made aware of the possibility of such losses or damages. 10.1 The Agreement shall be effective from and including the Effective Date and shall continue for the Initial Period continuing thereafter unless and until either Party terminates the Agreement by giving 3 months’ written notice to the other expiring at the end of the Initial Period or at any time thereafter. 10.2 Miraclon may, by written notice to the Customer, terminate the Agreement or suspend the supply of Consumables immediately in the event: a) the Customer fails to make any payment due to Miraclon within 14 days of the due date; b) of any insolvency or bankruptcy proceedings by or against Customer including appointment of a receiver; vicarious agents and/or c) the Customer is in breach of any material provision of the Agreement or these Miraclon T&C’s which is not rectified within 30 days of written notice requiring rectification. Such termination shall be without prejudice to the accrued rights of Miraclon and the Customer, provided that Miraclon may without liability cancel any outstanding orders and provided that, subject to condition 9.1, Miraclon its legal representatives shall not be liable for any termination damages unforeseeable and atypical damage. In the event of data loss due to insufficient data safety measures taken by Client, Clarivate is only liable for the damage which would have occurred under proper data safety measures. 5.4 Any statutory no-fault liability of Clarivate, including, without limitation, liability under the product liability act and statutory liability for breach of warranty, shall remain unaffected by the above limitation of liability. The same shall apply to liability of Clarivate, its vicarious agents and/or its legal representatives in the event of negligent injury to an individual’s life, body or compensation however arisinghealth. 5.5 No other contractual and legal claims besides those covered in sections 2-5 of this Clause 5, including but not limited to tort claims, may result from this agreement and/or the use of the Service and/or Products. Clauses 5.1-5.5 shall apply equally to Clarivate’s Affiliates and Third Party Suppliers as if such third parties were Clarivate. 5.6 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY AND ITS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH ANY AGREEMENT EXCEED, IN ANY 12-MONTH PERIOD, THE FEES PAID OR PAYABLE BY CLIENT TO Clarivate UNDER SUCH AGREEMENT DURING SUCH 12-MONTH PERIOD.

Exclusions and Limitation of Liability. 9.1 10.1 Nothing in the Agreement and in these Miraclon T&C’s shall affect any liability which Miraclon may have in respect of the death of, or personal injury to, any person resulting from XxxxxxxxMiraclon’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. 9.2 10.2 Subject to condition 9.110.1, in no event shall the liability of Miraclon or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors, and suppliers exceed the actual amount Customer paid for the specific Consumables Products that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims. 9.3 10.3 Subject to condition 9.110.1, in no event shall Miraclon, its parent corporation, subsidiaries, affiliates, licensors, manufacturers or suppliers or subcontractors be liable manufacturers 10.4 Customer is responsible for implementing its own network security including its own anti-virus and back-up data systems including, but not limited to, if 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 Miraclon is made aware of the possibility of such losses or damages. 10.1 The Agreement shall be effective from and including the Effective Date and shall continue for the Initial Period continuing thereafter unless and until either Party terminates the Agreement by giving 3 months’ written notice Products are connected to the other expiring at the end of the Initial Period or at any time thereafter. 10.2 Miraclon may, by written notice to the Customer, terminate the Agreement or suspend the supply of Consumables immediately in the event: a) the Customer fails to make any payment due to Miraclon within 14 days of the due date; b) of any insolvency or bankruptcy proceedings by or against Customer including appointment of a receiver; and/or c) the Customer is in breach of any material provision of the Agreement or these Miraclon T&C’s which is not rectified within 30 days of written notice requiring rectificationpublic internet. Such termination shall be without prejudice to the accrued rights of Miraclon and the Customer, provided that Miraclon may without liability cancel any outstanding orders and provided that, subject Subject to condition 9.110.1, 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 Miraclon, 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. 10.5 Miraclon and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for any termination damages unsatisfactory operation or compensation however arisingcompatibility of the Products with other manufacturer’s hardware, media or software, which have not been qualified by Miraclon. 10.6 In the case of Products supplied but not manufactured by Miraclon, the liability of Miraclon pertaining to such Products shall be limited to amounts recovered by Miraclon under warranties given by its supplier, if any.

Exclusions and Limitation of Liability. 9.1 16.1. Nothing in the Agreement and in these Miraclon Miraclon’s T&C’s shall affect any liability which Miraclon may have in respect of the death of, or personal injury to, any person resulting from XxxxxxxxMiraclon’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.Law.‌ 9.2 16.2. Subject to condition 9.1Section 16.1, in no event shall the liability of Miraclon or that of its parent corporation, subsidiaries, affiliates, licensors, ,manufacturers, subcontractors, subcontractors and suppliers exceed the actual amount the Customer paid for the specific Consumables 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. 9.3 16.3. Subject to condition 9.1Section 16.1, in no event shall Miraclon, 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 Miraclon is made aware of the possibility of such losses or damages. 10.1 16.4. The Agreement shall be effective from Customer is responsible for implementing its own network security including its own anti-virus and including the Effective Date and shall continue for the Initial Period continuing thereafter unless and until either Party terminates the Agreement by giving 3 months’ written notice back-up data systems including, but not limited to, if Equipment is connected to the other expiring at the end of the Initial Period or at any time thereafter. 10.2 Miraclon may, by written notice public internet. Subject to the Customer, terminate the Agreement or suspend the supply of Consumables immediately in the event: a) the Customer fails to make any payment due to Miraclon within 14 days of the due date; b) of any insolvency or bankruptcy proceedings by or against Customer including appointment of a receiver; and/or c) the Customer is in breach of any material provision of the Agreement or these Miraclon T&C’s which is not rectified within 30 days of written notice requiring rectification. Such termination shall be without prejudice to the accrued rights of Miraclon and the Customer, provided that Miraclon may without liability cancel any outstanding orders and provided that, subject to condition 9.1Section 16.1, 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 Miraclon, 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. 16.5. Miraclon and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for any termination damages unsatisfactory operation of the Goods with other manufacturer’s hardware, media or compensation however arisingsoftware, which have not been qualified by Miraclon. 16.6. In the case of Goods supplied but not manufactured by Miraclon, the liability of Miraclon pertaining to such Goods shall be limited to amounts recovered by Miraclon under warranties given by its supplier, if any.

Exclusions and Limitation of Liability. 9.1 10.1 Nothing in the Agreement and in these Miraclon T&C’s shall affect any liability which Miraclon may have in respect of the death of, or personal injury to, any person resulting from XxxxxxxxMiraclon’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.fraudulent 9.2 10.2 Subject to condition 9.110.1, in no event shall the liability of Miraclon or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors, and suppliers exceed the actual amount Customer paid for the specific Consumables Products that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims. 9.3 10.3 Subject to condition 9.110.1, in no event shall Miraclon, 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 Miraclon is made aware of the possibility of such losses or damages. 10.1 The Agreement shall be effective from 10.4 Customer is responsible for implementing its own network security including its own anti-virus and including the Effective Date and shall continue for the Initial Period continuing thereafter unless and until either Party terminates the Agreement by giving 3 months’ written notice back-up data systems including, but not limited to, if any Products are connected to the other expiring at the end of the Initial Period or at any time thereafter. 10.2 Miraclon may, by written notice to the Customer, terminate the Agreement or suspend the supply of Consumables immediately in the event: a) the Customer fails to make any payment due to Miraclon within 14 days of the due date; b) of any insolvency or bankruptcy proceedings by or against Customer including appointment of a receiver; and/or c) the Customer is in breach of any material provision of the Agreement or these Miraclon T&C’s which is not rectified within 30 days of written notice requiring rectificationpublic internet. Such termination shall be without prejudice to the accrued rights of Miraclon and the Customer, provided that Miraclon may without liability cancel any outstanding orders and provided that, subject Subject to condition 9.110.1, 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 Miraclon, 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. 10.5 Miraclon and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for any termination damages unsatisfactory operation of the Products with other manufacturer’s hardware, media or compensation however arisingsoftware, which have not been qualified by Miraclon. 10.6 In the case of Products supplied but not manufactured by Miraclon, the liability of Miraclon pertaining to such Products shall be limited to amounts recovered by Miraclon under warranties given by its supplier, if any.

Exclusions and Limitation of Liability. 9.1 16.1. Nothing in the Agreement and in these Miraclon T&CMiraclon’s T&Cs shall affect any liability which Miraclon may have in respect of the death of, or personal injury to, any person resulting from XxxxxxxxMiraclon’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. 9.2 16.2. Subject to condition 9.1Section 16.1, in no event shall the liability of Miraclon or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors, subcontractors and suppliers exceed the actual amount the Customer paid for the specific Consumables 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. 9.3 16.3. Subject to condition 9.1Section 16.1, in no event shall Miraclon, 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 Miraclon is made aware of the possibility of such losses or damages. 10.1 16.4. The Agreement shall be effective from Customer is responsible for implementing its own network security including its own anti-virus and including the Effective Date and shall continue for the Initial Period continuing thereafter unless and until either Party terminates the Agreement by giving 3 months’ written notice back-up data systems including, but not limited to, if Equipment is connected to the other expiring at the end of the Initial Period or at any time thereafter. 10.2 Miraclon may, by written notice public internet. Subject to the Customer, terminate the Agreement or suspend the supply of Consumables immediately in the event: a) the Customer fails to make any payment due to Miraclon within 14 days of the due date; b) of any insolvency or bankruptcy proceedings by or against Customer including appointment of a receiver; and/or c) the Customer is in breach of any material provision of the Agreement or these Miraclon T&C’s which is not rectified within 30 days of written notice requiring rectification. Such termination shall be without prejudice to the accrued rights of Miraclon and the Customer, provided that Miraclon may without liability cancel any outstanding orders and provided that, subject to condition 9.1Section 16.1, 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 Miraclon, 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. 16.5. Miraclon and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for any termination damages unsatisfactory operation of the Goods with other manufacturer’s hardware, media or compensation however arisingsoftware, which have not been qualified by Miraclon. 16.6. In the case of Goods supplied but not manufactured by Miraclon, the liability of Miraclon pertaining to such Goods shall be limited to amounts recovered by Miraclon under warranties given by its supplier, if any.

Exclusions and Limitation of Liability. 9.1 Nothing in the Agreement and in these Miraclon T&C’s shall affect any liability which Miraclon may have in respect of the death of, or personal injury to, any person resulting from XxxxxxxxMiraclon’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. 9.2 Subject to condition 9.1, in no event shall the liability of Miraclon or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors, and suppliers exceed the actual amount Customer paid for the specific Consumables that directly gave rise to the damages claimed., 9.3 Subject to condition 9.1, in no event shall Miraclon, 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 Miraclon is made aware of the possibility of such losses or damages. 10.1 The Agreement shall be effective from and including the Effective Date and shall continue for the Initial Period continuing thereafter unless and until either Party terminates the Agreement by giving 3 months’ written notice to the other expiring at the end of the Initial Period or at any time thereafter. 10.2 Miraclon may, by written notice to the Customer, terminate the Agreement or suspend the supply of Consumables immediately in the event: a) the Customer fails to make any payment due to Miraclon within 14 days of the due date; b) of any insolvency or bankruptcy proceedings by or against Customer including appointment of a receiver; and/or c) the Customer is in breach of any material provision of the Agreement or these Miraclon T&C’s which is not rectified within 30 days of written notice requiring rectification. Such termination shall be without prejudice to the accrued rights of Miraclon and the Customer, provided that Miraclon may without liability cancel any outstanding orders and provided that, subject to condition 9.1, Miraclon shall not be liable for any termination damages or compensation however arising.

Exclusions and Limitation of Liability. 9.1 16.1. Nothing in the Agreement and in these Miraclon Miraclon’s T&C’s shall affect any liability which Miraclon may have in respect of the death of, or personal injury to, any person resulting from XxxxxxxxMiraclon’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. 9.2 16.2. Subject to condition 9.1Section 16.1, in no event shall the liability of Miraclon or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors, subcontractors and suppliers exceed the actual amount the Customer paid for the specific Consumables 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. 9.3 16.3. Subject to condition 9.1Section 16.1, in no event shall Miraclon, 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 Miraclon is made aware of the possibility of such losses or damages. 10.1 16.4. The Agreement shall be effective from Customer is responsible for implementing its own network security including its own anti-virus and including the Effective Date and shall continue for the Initial Period continuing thereafter unless and until either Party terminates the Agreement by giving 3 months’ written notice back-up data systems including, but not limited to, if Equipment is connected to the other expiring at the end of the Initial Period or at any time thereafter. 10.2 Miraclon may, by written notice public internet. Subject to the Customer, terminate the Agreement or suspend the supply of Consumables immediately in the event: a) the Customer fails to make any payment due to Miraclon within 14 days of the due date; b) of any insolvency or bankruptcy proceedings by or against Customer including appointment of a receiver; and/or c) the Customer is in breach of any material provision of the Agreement or these Miraclon T&C’s which is not rectified within 30 days of written notice requiring rectification. Such termination shall be without prejudice to the accrued rights of Miraclon and the Customer, provided that Miraclon may without liability cancel any outstanding orders and provided that, subject to condition 9.1Section 16.1, 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 Miraclon, 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. 16.5. Miraclon and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for any termination damages unsatisfactory operation of the Goods with other manufacturer’s hardware, media or compensation however arisingsoftware, which have not been qualified by Miraclon. 16.6. In the case of Goods supplied but not manufactured by Miraclon, the liability of Miraclon pertaining to such Goods shall be limited to amounts recovered by Miraclon under warranties given by its supplier, if any.

Exclusions and Limitation of Liability. 9.1 10.1. Nothing in the Agreement and in these Miraclon T&C’s shall affect any liability which Miraclon may have in respect of the death of, or personal injury to, any person resulting from XxxxxxxxMiraclon’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. 9.2 10.2. Subject to condition 9.1Section 10.1, in no event shall the liability of Miraclon or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors, subcontractors and suppliers exceed the actual amount that the Customer paid for the specific Consumables 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. 9.3 10.3. Subject to condition 9.1Section 10.1, in no event shall Miraclon, 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 Miraclon is made aware of the possibility of such losses or damages. 10.1 10.4. The Agreement shall be effective from Customer is responsible for implementing its own network security including its own anti-virus and including back-up data systems including, but not limited to, if the Effective Date and shall continue for the Initial Period continuing thereafter unless and until either Party terminates the Agreement by giving 3 months’ written notice Equipment is connected to the other expiring at the end of the Initial Period or at any time thereafter. 10.2 Miraclon may, by written notice public internet. Subject to the Customer, terminate the Agreement or suspend the supply of Consumables immediately in the event: a) the Customer fails to make any payment due to Miraclon within 14 days of the due date; b) of any insolvency or bankruptcy proceedings by or against Customer including appointment of a receiver; and/or c) the Customer is in breach of any material provision of the Agreement or these Miraclon T&C’s which is not rectified within 30 days of written notice requiring rectification. Such termination shall be without prejudice to the accrued rights of Miraclon and the Customer, provided that Miraclon may without liability cancel any outstanding orders and provided that, subject to condition 9.1Section 10.1, Miraclon shall not assume or retain any liability or other obligations in connection with any possible Customer data loss or network securityand/or virus violation. The Customer shall hold harmless and indemnify Miraclon, 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. 10.5. Miraclon and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for any termination damages unsatisfactory operation of the Goods with other manufacturer’s hardware, media or compensation however arisingsoftware, which have not been qualified by Miraclon. 10.6. In the case of Goods supplied but not manufactured by Miraclon, the liability of Miraclon pertaining to such Goods shall be limited to amounts recovered by Miraclon under warranties given by its supplier, if any.

Exclusions and Limitation of Liability. 9.1 16.1. Nothing in the Agreement and in these Miraclon Miraclon’s T&C’s shall affect any liability which Miraclon may have in respect of the death of, or personal injury to, any person resulting from XxxxxxxxMiraclon’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. 9.2 16.2. Subject to condition 9.1Section 16.1, in no event shall the liability of Miraclon or that of its parent corporation, subsidiaries, affiliates, licensors, ,manufacturers, subcontractors, subcontractors and suppliers exceed the actual amount the Customer paid for the specific Consumables 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. 9.3 16.3. Subject to condition 9.1Section 16.1, in no event shall Miraclon, 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 Miraclon is made aware of the possibility of such losses or damages. 10.1 16.4. The Agreement shall be effective from Customer is responsible for implementing its own network security including its own anti-virus and including the Effective Date and shall continue for the Initial Period continuing thereafter unless and until either Party terminates the Agreement by giving 3 months’ written notice back-up data systems including, but not limited to, if Equipment is connected to the other expiring at the end of the Initial Period or at any time thereafter. 10.2 Miraclon may, by written notice public internet. Subject to the Customer, terminate the Agreement or suspend the supply of Consumables immediately in the event: a) the Customer fails to make any payment due to Miraclon within 14 days of the due date; b) of any insolvency or bankruptcy proceedings by or against Customer including appointment of a receiver; and/or c) the Customer is in breach of any material provision of the Agreement or these Miraclon T&C’s which is not rectified within 30 days of written notice requiring rectification. Such termination shall be without prejudice to the accrued rights of Miraclon and the Customer, provided that Miraclon may without liability cancel any outstanding orders and provided that, subject to condition 9.1Section 16.1, 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 Miraclon, 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. 16.5. Miraclon and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for any termination damages unsatisfactory operation of the Goods with other manufacturer’s hardware, media or compensation however arisingsoftware, which have not been qualified by Miraclon. 16.6. In the case of Goods supplied but not manufactured by Miraclon, the liability of Miraclon pertaining to such Goods shall be limited to amounts recovered by Miraclon under warranties given by its supplier, if any.

Exclusions and Limitation of Liability. 9.1 16.1. Nothing in the Agreement and in these Miraclon Miraclon’s T&C’s shall affect any liability which Miraclon may have in respect of the death of, or personal injury to, any person resulting from XxxxxxxxMiraclon’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. 9.2 16.2. Subject to condition 9.1Section 16.1, in no event shall the liability of Miraclon or that of its parent corporation, subsidiaries, affiliates, licensors, ,manufacturers, subcontractors, subcontractors and suppliers exceed the actual amount the Customer paid for the specific Consumables 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. 9.3 16.3. Subject to condition 9.1Section 16.1, in no event shall Miraclon, 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 Miraclon is made aware of the possibility of such losses or damages. 10.1 16.4. The Agreement shall be effective from Customer is responsible for implementing its own network security including its own anti-virus and including the Effective Date and shall continue for the Initial Period continuing thereafter unless and until either Party terminates the Agreement by giving 3 months’ written notice back-up data systems including, but not limited to, if Equipment is connected to the other expiring at the end of the Initial Period or at any time thereafter. 10.2 Miraclon may, by written notice public internet. Subject to the Customer, terminate the Agreement or suspend the supply of Consumables immediately in the event: a) the Customer fails to make any payment due to Miraclon within 14 days of the due date; b) of any insolvency or bankruptcy proceedings by or against Customer including appointment of a receiver; and/or c) the Customer is in breach of any material provision of the Agreement or these Miraclon T&C’s which is not rectified within 30 days of written notice requiring rectification. Such termination shall be without prejudice to the accrued rights of Miraclon and the Customer, provided that Miraclon may without liability cancel any outstanding orders and provided that, subject to condition 9.1Section 16.1, 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 Miraclon, 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. 16.5. Miraclon and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for any termination damages unsatisfactory operation of the Goods with other manufacturer’s hardware, media or compensation however arisingsoftware, which have not been qualified by Miraclon. 16.6. In the case of Goods supplied but not manufactured by Miraclon, the liability of Miraclon pertaining to such Goods shall be limited to amounts recovered by Miraclon under warranties given by its supplier, if any.‌

Exclusions and Limitation of Liability. 9.1 10.1 Nothing in the Agreement and in these Miraclon T&C’s shall affect any liability which Miraclon may have in respect of the death of, or personal injury to, any person resulting from XxxxxxxxMiraclon’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. 9.2 10.2 Subject to condition 9.110.1, in no event shall the liability of Miraclon or that of its parent corporation, subsidiaries, affiliates, licensors, manufacturers, subcontractors, and suppliers exceed the actual amount Customer paid for the specific Consumables Products that directly gave rise to the damages claimed, regardless of the basis on which the injured Party claims. 9.3 10.3 Subject to condition 9.110.1, in no event shall Miraclon, 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 Miraclon is made aware of the possibility of such losses or damages. 10.1 The Agreement shall be effective from 10.4 Customer is responsible for implementing its own network security including its own anti-virus and including the Effective Date and shall continue for the Initial Period continuing thereafter unless and until either Party terminates the Agreement by giving 3 months’ written notice back-up data systems including, but not limited to, if any Products are connected to the other expiring at the end of the Initial Period or at any time thereafter. 10.2 Miraclon may, by written notice to the Customer, terminate the Agreement or suspend the supply of Consumables immediately in the event: a) the Customer fails to make any payment due to Miraclon within 14 days of the due date; b) of any insolvency or bankruptcy proceedings by or against Customer including appointment of a receiver; and/or c) the Customer is in breach of any material provision of the Agreement or these Miraclon T&C’s which is not rectified within 30 days of written notice requiring rectificationpublic internet. Such termination shall be without prejudice to the accrued rights of Miraclon and the Customer, provided that Miraclon may without liability cancel any outstanding orders and provided that, subject Subject to condition 9.110.1, 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 Miraclon, 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. 10.5 Miraclon and its parent corporation, subsidiaries, affiliates, licensors, subcontractors, manufacturers and suppliers may not be held liable for any termination damages unsatisfactory operation of the Products with other manufacturer’s hardware, media or compensation however arisingsoftware, which have not been qualified by Miraclon. 10.6 In the case of Products supplied but not manufactured by Miraclon, the liability of Miraclon pertaining to such Products shall be limited to amounts recovered by Miraclon under warranties given by its supplier, if any.