Common use of Exclusions and Limitations of Liability Clause in Contracts

Exclusions and Limitations of Liability. 11.1. In no event will CF be liable to the Customer or any other person or entity for any indirect damages of any kind, including, without limitation, for lost profits, lost savings, lost data or other special, indirect, punitive, consequential, or incidental damages arising out of or relating to the use of the Service or to any service provided or undertaken by CF under this SAASA, even if CF has been advised of the possibility of such loss or damage. The foregoing exclusion of liability applies to all causes of action, including breach of contract, breach of warranty, strict liability, negligence and other torts. 11.2. In no event will CF be liable to the Customer or any other person or entity for any damages, direct or indirect, of any kind due to system instability or failure. 11.3. CF is not responsible for any third-party solutions or data that are available and/or integrated with the Service. CF cannot be held liable for the accuracy, completeness, quality, or reliability of the information nor the results obtained through these third-party solutions. Similarly, CF cannot be held liable for the availability, security, or functionality of any third-party solutions, including possible damages and/or loss caused by third party solutions. The burden is upon the Customer to prove that a loss suffered by the Customer cannot be attributed to third party solutions. 11.4. The maximum aggregate liability of CF upon any claims whatsoever, arising out of the services provided by CF or the Service under this SAASA will be absolutely limited to the direct damages actually incurred by the Customer and furthermore be limited to the amount of fees relating to the Services paid by the Customer in the 12 months prior to the event giving rise to liability. 11.5. CF shall be under no liability to the Customer in respect of loss arising by reason of force majeure, namely, circumstances beyond the control of CF, including but not limited to acts of God, perils of the sea or air, fire, flood, drought, shortages, disease, explosion, sabotage, accident, embargo, riot, acts of war, civil commotion, including acts of local, regional or national government and parliamentary authority and labour disputes of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bars, strikes and lock-outs.

Appears in 2 contracts

Samples: Software as a Service Agreement, Software as a Service Agreement

AutoNDA by SimpleDocs

Exclusions and Limitations of Liability. 11.1. 10.1 In no event will CF EFI be liable to the Customer or any other person or entity for any indirect damages of any kind, including, without limitation, for lost profits, lost savings, lost data or other special, indirect, punitive, consequential, or incidental damages arising out of or relating relat- ing to the use of the Service or to any service provided or undertaken by CF EFI under this SAASASAAS, even if CF EFI has been advised of the possibility of such loss or damage. The foregoing exclusion exclu- sion of liability applies to all causes of action, including breach of contract, breach of warrantywar- ranty, strict liability, negligence and other torts. 11.2. 10.2 In no event will CF EFI be liable to the Customer or any other person or entity for any damages, direct or indirect, of any kind due to system instability or failure. 11.3. CF 10.3 EFI is not responsible for any third-party solutions or data that are available and/or integrated with the Service, including currency feeds/calculators. CF EFI cannot be held liable for the accuracy, completeness, quality, or reliability of the information nor the results obtained through these third-party solutions. Similarly, CF EFI cannot be held liable for the availability, security, or functionality of any third-party solutions, including possible damages and/or loss caused by third party solutions. The burden is upon the Customer to prove that a loss suffered by the Customer cannot be attributed to third party solutions. 11.4. 10.4 The maximum aggregate liability of CF EFI upon any claims whatsoever, arising out of the services ser- vices provided by CF EFI or the Service under this SAASA SAAS will in any event be absolutely limited to the direct damages actually incurred by the Customer and furthermore be limited to the amount of fees relating to the Services paid by the Customer in the 12 months prior to the event giving rise to liability. 11.5. CF 10.5 EFI shall be under no liability to the Customer in respect of loss arising by reason of force majeure, namely, circumstances beyond the control of CFEFI, including but not limited to acts of God, perils of the sea or air, fire, flood, drought, shortages, disease, explosion, sabotage, accident, embargo, riot, acts of war, civil commotion, including acts of local, regional or national local government and parliamentary authority and labour disputes of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bars, strikes and lock-lock- outs.

Appears in 2 contracts

Samples: Software as a Service Agreement, Software as a Service Agreement

Exclusions and Limitations of Liability. 11.1. In no event will CF be liable to the Customer or any other person or entity for any indirect damages of any kind, including, without limitation, for lost profits, lost savings, lost data or other special, indirect, punitive, consequential, or incidental damages arising out of or relating to the use of the Service Software or to any service provided or undertaken by CF under this SAASALSA, even if CF has been advised of the possibility of such loss or damage. The foregoing exclusion of liability applies to all causes of action, including breach of contract, breach of warranty, strict liability, negligence and other torts. 11.2. In no event will CF be liable to the Customer or any other person or entity for any damages, direct or indirect, of any kind due to system instability or failure. 11.3. CF is not responsible for any third-party solutions or data that are available and/or integrated with the ServiceSoftware. CF cannot be held liable for the accuracy, completeness, quality, or reliability of the information nor the results obtained through these third-party solutions. Similarly, CF cannot be held liable for the availability, security, or functionality of any third-party solutions, including possible damages and/or loss caused by third party solutions. The burden is upon the Customer to prove that a loss suffered by the Customer cannot be attributed to third party solutions. 11.4. The maximum aggregate liability of CF upon any claims whatsoever, arising out of the services provided by CF or the Service Software under this SAASA LSA will be absolutely limited to the direct damages actually incurred by the Customer and furthermore be limited to the amount of fees relating to the Services Software paid by the Customer in the 12 months prior to the event giving rise to liability. 11.5. CF shall be under no liability to the Customer in respect of loss arising by reason of force majeure, namely, circumstances beyond the control of CF, including but not limited to acts of God, perils of the sea or air, fire, flood, drought, shortages, disease, pandemic, explosion, sabotage, accident, embargo, riot, acts of war, civil commotion, including acts of local, regional or national government and parliamentary authority and labour disputes of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bars, strikes and lock-outs.

Appears in 1 contract

Samples: Lightspeed Software Agreement

AutoNDA by SimpleDocs

Exclusions and Limitations of Liability. 11.1. 10.1 In no event will CF Uniconta be liable to the Customer or any other person or entity for any direct or indirect damages of any kind, including, without limitation, for lost profits, lost savings, lost data or other special, indirect, punitive, consequential, or incidental damages arising out of or relating to the use of the Service or to any service provided or undertaken by CF Uniconta under this SAASAXXXX, even if CF Uniconta has been advised of the possibility of such loss or damage. The foregoing exclusion of liability applies to all causes of action, including breach of contract, breach of warranty, strict liabilityliabil- ity, negligence and other torts. 11.2. 10.2 In no event will CF Uniconta be liable to the Customer or any other person or entity for any damages, direct or indirect, of any kind due to system instability or failure. 11.3. CF 10.3 Uniconta is not responsible for any third-party solutions or data that are available and/or integrated with the Service, including currency feeds/calculators. CF Uniconta cannot be held liable for the accuracy, completenesscom- pleteness, quality, or reliability of the information nor the results obtained through these third-party solutions. Similarly, CF Uniconta cannot be held liable for the availability, security, or functionality of any third-party solutions, including possible damages and/or loss caused by third third-party solutions. The burden is upon the Customer to prove that a loss suffered by the Customer cannot be attributed to third party solutions. 11.4. 10.4 The maximum aggregate liability of CF Uniconta upon any claims whatsoever, arising out of the services provided by CF Uniconta or the Service under this SAASA XXXX will in any event be absolutely limited to the direct damages actually incurred by the Customer and furthermore be limited to the amount of fees relating to the Services Service Fees as paid by the Customer in the 12 months prior to the event giving rise to liability. 11.5. CF 10.5 Uniconta shall be under no liability to the Customer in respect of loss arising by reason of force majeure, namely, circumstances beyond the control of CFUniconta, including but not limited to acts of God, perils of the sea or air, fire, flood, drought, shortages, disease, explosion, sabotage, accident, embargo, riot, acts of war, civil commotion, including acts of local, regional or national local government and parliamentary authority and labour disputes of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bars, strikes and lock-outslockouts.

Appears in 1 contract

Samples: End User License Agreement (Eula)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!