Common use of EXCLUSIONS OF AND LIMITATIONS ON LIABILITY Clause in Contracts

EXCLUSIONS OF AND LIMITATIONS ON LIABILITY. 7.1 Nothing in this Agreement excludes Sage’s liability for: 7.1.1 death or personal injury caused by Sage’s negligence; 7.1.2 fraud or fraudulent misrepresentation; and/or 7.1.3 any other matter Sage cannot limit or exclude by applicable law. 7.2 You acknowledge that the provision of the Service is inherently complex and may not be free from errors and that you have been advised to verify the work produced by the Service. Subject to clause 8.1 neither Sage nor its suppliers, or third-party providers shall be liable to you whether in tort, (including negligence or breach of statutory duty), delict, contract, misrepresentation, restitution or otherwise (even if Sage knew or should have known there was a possibility you could suffer or incur such loss or damage) for: 7.2.1 any special, indirect, incidental, consequential or punitive damages resulting from any defect in the Subscription; 7.2.2 any loss of profits, loss of business, loss of chargeable time, loss of anticipated savings, depletion of goodwill or similar losses however caused; 7.2.3 loss of use or loss of or damage to data/information inputted by you into the Service. 7.3 SUBJECT TO CLAUSES 8.1 AND 8.2 IN NO EVENT SHALL SAGE’S LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, YOUR SUBSCRIPTION OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM, OR ANY SHORTER PERIOD IF THIS AGREEMENT TERMINATES FOR ANY REASON PRIOR TO THE END OF YOUR FIRST SUBSCRIPTION PERIOD. 7.4 You acknowledge and agree that this Agreement allocates risk between you and Sage as authorized by applicable law and that the Subscription pricing reflects this allocation of risk and the exclusions and limitations of liability contained in this Agreement. If any remedy hereunder is determined to have failed of its essential purpose, all other limitations of liability and exclusion of damages set out in this Agreement shall remain in full force and effect. 7.5 You acknowledge that unless you and Sage agree in writing for Sage to provide any professional services directly to you in connection with your Subscription, you are responsible for engaging a qualified third party to provide any professional services for you on terms you negotiate. You also acknowledge that you are responsible for independently investigating the skills and qualifications of such third party to ensure that they provide you with the level of skill and service your business requires. You agree that Sage shall have no liability whatsoever for any failure associated with such professional services, even if the party you engage is an authorized or certified Reseller, consultant, or installer of Sage products or services. 7.6 In the event that you wish to bring a claim or other civil proceeding arising out of or in connection with this Agreement, you represent and warrant to Sage that the involvement of you and any of your Affiliates in such a claim or proceeding shall not give rise to any increase in or multiplication of any cap placed on Sage’s liability.

Appears in 4 contracts

Samples: Sage Subscription Agreement, Sage Subscription Agreement, Sage Subscription Agreement

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EXCLUSIONS OF AND LIMITATIONS ON LIABILITY. 7.1 Nothing in this Agreement excludes Sage’s liability for: 7.1.1 death or personal injury caused by Sage’s negligence; 7.1.2 fraud or fraudulent misrepresentation; and/or 7.1.3 any other matter Sage cannot limit or exclude by applicable law. 7.2 a. You acknowledge that the provision of the Service software is inherently complex and may not be free from errors errors, and that you have been advised to verify the work produced by the ServiceProduct. Subject to clause 8.1 neither Neither Sage nor its suppliers, or third-third party providers shall be liable to you whether in tort, (including negligence or breach of statutory duty), delict, contract, misrepresentation, restitution or otherwise (even if Sage knew or should have known there was a possibility you could suffer or incur such loss or damage) for: 7.2.1 for any special, indirect, incidental, consequential or punitive damages resulting from any defect in the Subscription; 7.2.2 any loss , even if Xxxx has been advised of profits, loss the possibility of business, loss such damages. This means Sage is not responsible or liable for damages or costs incurred as a result of chargeable lost time, loss of anticipated savingsdata, depletion of goodwill or similar losses however caused; 7.2.3 loss of use anticipated profits, lost opportunity cost, or loss of Use of the Subscription, nor for damages or damage to data/information inputted costs incurred in connection with obtaining substitute subscription services or support, claims made against you by you into the Service. 7.3 SUBJECT TO CLAUSES 8.1 AND 8.2 others or similar costs. IN NO EVENT SHALL SAGE’S LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SERVICEPRODUCT, YOUR SUBSCRIPTION OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM, OR ANY SHORTER PERIOD IF THIS AGREEMENT TERMINATES FOR ANY REASON PRIOR TO THE END OF YOUR FIRST SUBSCRIPTION PERIOD. 7.4 . You acknowledge and agree that this Agreement allocates risk between you and Sage as authorized by applicable law law, and that the Subscription pricing reflects this allocation of risk and the exclusions and limitations of liability contained in this Agreement. If any remedy hereunder is determined to have failed of its essential purpose, all other limitations of liability and exclusion of damages set out forth in this Agreement shall remain in full force and effect. 7.5 b. You acknowledge that unless you and Sage Xxxx agree in writing for Sage to provide any professional services directly to you in connection with implement your Subscription, you are responsible for engaging a qualified third party to provide any professional implementation services for you on terms you negotiate. You also acknowledge that you are responsible for independently investigating the skills and qualifications of such third party to ensure that they provide you with the level of skill and service your business requires. You agree that Sage shall have no liability whatsoever for any failure associated with such professional implementation services, even if the party you engage is an authorized or certified Reseller, consultant, or installer of Sage products or services. 7.6 In the event that you wish to bring a claim or other civil proceeding arising out of or in connection with this Agreement, you represent and warrant to Sage that the involvement of you and any of your Affiliates in such a claim or proceeding shall not give rise to any increase in or multiplication of any cap placed on Sage’s liability.

Appears in 2 contracts

Samples: Subscription Agreement, Subscription Agreement

EXCLUSIONS OF AND LIMITATIONS ON LIABILITY. 7.1 8.1 Nothing in this Agreement excludes Sage’s liability for: 7.1.1 8.1.1 death or personal injury caused by SageXxxx’s negligence; 7.1.2 8.1.2 fraud or fraudulent misrepresentation; and/or; 7.1.3 8.1.3 any other matter Sage cannot limit or exclude by applicable law. 7.2 8.2 You acknowledge that the provision of the Service is inherently complex and may not be free from errors and that you have been advised to verify the work produced by the Service. Subject to clause section 8.1 neither Sage nor its suppliers, or third-party providers shall be liable to you whether in tort, (including negligence or breach of statutory duty), delict, contract, misrepresentation, restitution or otherwise (even if Sage knew or should have known there was a possibility you could suffer or incur such loss or damage) for: 7.2.1 8.2.1 any special, indirect, incidental, consequential or punitive damages resulting from any defect in the Subscription; 7.2.2 8.2.2 any loss of profits, loss of business, loss of chargeable time, loss of anticipated savings, depletion of goodwill or similar losses however caused; 7.2.3 8.2.3 loss of use or loss of or damage to data/information inputted by you into the Service. 7.3 8.3 SUBJECT TO CLAUSES 8.1 AND 8.2 IN NO EVENT SHALL SAGE’S LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, YOUR SUBSCRIPTION OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM, OR ANY SHORTER PERIOD IF THIS AGREEMENT TERMINATES FOR ANY REASON PRIOR TO THE END OF YOUR FIRST SUBSCRIPTION PERIOD. 7.4 8.4 You acknowledge and agree that this Agreement allocates risk between you and Sage as authorized by applicable law and that the Subscription pricing reflects this allocation of risk and the exclusions and limitations of liability contained in this Agreement. If any remedy hereunder is determined to have failed of its essential purpose, all other limitations of liability and exclusion of damages set out in this Agreement shall remain in full force and effect. 7.5 8.5 You acknowledge that unless you and Sage Xxxx agree in writing for Sage to provide any professional other products and/or services directly to you in connection with your Subscription, you are responsible for engaging a qualified third party to provide any professional those products and/or services for you on terms you negotiate. You also acknowledge that you are responsible for independently investigating the skills and qualifications of such third party to ensure that they provide you with the level of skill and service your business requires. You agree that Sage shall have no liability whatsoever for any failure associated with such professional products and/or services (including any delay or non-performance of the Service which is caused by such products and/or services), even if the party you engage is an authorized or certified Reseller, consultant, or installer of Sage products or and/or services. 7.6 8.6 In the event that you wish to bring a claim or other civil proceeding arising out of or in connection with this Agreement, you represent and warrant to Sage that the involvement of you and any of your Affiliates in such a claim or proceeding shall not give rise to any increase in or multiplication of any cap placed on Sage’s liability.

Appears in 1 contract

Samples: Subscription Agreement

EXCLUSIONS OF AND LIMITATIONS ON LIABILITY. 7.1 Nothing in this Agreement excludes Sage’s liability for: 7.1.1 death or personal injury caused by Sage’s negligence; 7.1.2 fraud or fraudulent misrepresentation; and/or 7.1.3 any other matter Sage cannot limit or exclude by applicable law. 7.2 a. You acknowledge that the provision of the Service software is inherently complex and may not be free from errors errors, and that you have been advised to verify the work produced by the ServiceProduct. Subject to clause 8.1 neither Neither Sage nor its suppliers, or third-third party providers providers, shall be liable to you whether in tort, (including negligence or breach of statutory duty), delict, contract, misrepresentation, restitution or otherwise (even if Sage knew or should have known there was a possibility you could suffer or incur such loss or damage) for: 7.2.1 for any special, indirect, incidental, consequential consequential, or punitive damages, even if Xxxx has been advised of the possibility of such damages. This means Sage is not responsible or liable for damages resulting from any defect in the Subscription; 7.2.2 any loss or costs incurred as a result of profits, loss of business, loss of chargeable lost time, loss of anticipated savingsdata, depletion of goodwill or similar losses however caused; 7.2.3 loss of use anticipated profits, lost opportunity cost, or loss of Use of the Subscription, nor for damages or damage to data/information inputted costs incurred in connection with obtaining substitute subscription services or support, claims made against you by you into the Service. 7.3 SUBJECT TO CLAUSES 8.1 AND 8.2 others, or similar costs. IN NO EVENT SHALL SAGE’S LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SERVICEPRODUCT, YOUR SUBSCRIPTION OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM, OR ANY SHORTER PERIOD IF THIS AGREEMENT TERMINATES FOR ANY REASON PRIOR TO THE END OF YOUR FIRST SUBSCRIPTION PERIOD. 7.4 . You acknowledge and agree that this Agreement allocates risk between you and Sage as authorized by applicable law law, and that the Subscription pricing reflects this allocation of risk and the exclusions and limitations of liability contained in this Agreement. If any remedy hereunder is determined to have failed of its essential purpose, all other limitations of liability and exclusion of damages set out forth in this Agreement shall remain in full force and effect. 7.5 b. You acknowledge that unless you and Sage Xxxx agree in writing for Sage to provide any professional services directly to you in connection with implement your Subscription, you are responsible for engaging a qualified third party to provide any professional implementation services for you on terms you negotiate. You also acknowledge that you are responsible for independently investigating the skills and qualifications of such third party to ensure that they provide you with the level of skill and service your business requires. You agree that Sage shall have no liability whatsoever for any failure associated with such professional implementation services, even if the party you engage is an authorized or certified Reseller, consultant, or installer of Sage products or services. 7.6 In the event that you wish to bring a claim or other civil proceeding arising out of or in connection with this Agreement, you represent and warrant to Sage that the involvement of you and any of your Affiliates in such a claim or proceeding shall not give rise to any increase in or multiplication of any cap placed on Sage’s liability.

Appears in 1 contract

Samples: Subscription Agreement

EXCLUSIONS OF AND LIMITATIONS ON LIABILITY. 7.1 Nothing in this Agreement excludes Sage’s liability for: 7.1.1 death or personal injury caused by SageXxxx’s negligence; 7.1.2 fraud or fraudulent misrepresentation; and/or 7.1.3 any other matter Sage cannot limit or exclude by applicable law. 7.2 You acknowledge that the provision of the Service is inherently complex and may not be free from errors and that you have been advised to verify the work produced by the Service. Subject to clause 8.1 neither Sage nor its suppliers, or third-party providers shall be liable to you whether in tort, (including negligence or breach of statutory duty), delict, contract, misrepresentation, restitution or otherwise (even if Sage knew or should have known there was a possibility you could suffer or incur such loss or damage) for: 7.2.1 any special, indirect, incidental, consequential or punitive damages resulting from any defect in the Subscription; 7.2.2 any loss of profits, loss of business, loss of chargeable time, loss of anticipated savings, depletion of goodwill or similar losses however caused; 7.2.3 loss of use or loss of or damage to data/information inputted by you into the Service. 7.3 SUBJECT TO CLAUSES 8.1 AND 8.2 IN NO EVENT SHALL SAGE’S LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, YOUR SUBSCRIPTION OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM, OR ANY SHORTER PERIOD IF THIS AGREEMENT TERMINATES FOR ANY REASON PRIOR TO THE END OF YOUR FIRST SUBSCRIPTION PERIOD. 7.4 You acknowledge and agree that this Agreement allocates risk between you and Sage as authorized by applicable law and that the Subscription pricing reflects this allocation of risk and the exclusions and limitations of liability contained in this Agreement. If any remedy hereunder is determined to have failed of its essential purpose, all other limitations of liability and exclusion of damages set out in this Agreement shall remain in full force and effect. 7.5 You acknowledge that unless you and Sage Xxxx agree in writing for Sage to provide any professional services directly to you in connection with your Subscription, you are responsible for engaging a qualified third party to provide any professional services for you on terms you negotiate. You also acknowledge that you are responsible for independently investigating the skills and qualifications of such third party to ensure that they provide you with the level of skill and service your business requires. You agree that Sage Xxxx shall have no liability whatsoever for any failure associated with such professional services, even if the party you engage is an authorized or certified Resellerreseller, consultant, or installer of Sage products or services. 7.6 In the event that you wish to bring a claim or other civil proceeding arising out of or in connection with this Agreement, you represent and warrant to Sage that the involvement of you and any of your Affiliates in such a claim or proceeding shall not give rise to any increase in or multiplication of any cap placed on Sage’s liability.

Appears in 1 contract

Samples: Sage Subscription Agreement

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EXCLUSIONS OF AND LIMITATIONS ON LIABILITY. 7.1 Nothing in this Agreement agreement excludes Sage’s BlackBooks’ liability for: 7.1.1 death or personal injury caused by Sage’s BlackBooks negligence; 7.1.2 fraud or fraudulent misrepresentation; and/or 7.1.3 any other matter Sage BlackBooks cannot limit or exclude by applicable law. 7.2 You acknowledge that the provision of the Service service/application is inherently complex and may not be free from errors and that you have been advised to verify the work produced by the Serviceservice/application. Subject subject to clause 8.1 neither Sage BlackBooks nor its suppliers, or third-party providers shall be liable to you whether in tort, (including negligence or breach of statutory duty), delict, contract, misrepresentation, restitution restitution, or otherwise (even if Sage BlackBooks knew or should have known there was a possibility you could suffer or incur such loss or damage) for: 7.2.1 any special, indirect, incidental, consequential consequential, or punitive damages resulting from any defect in the Subscriptionsubscription; 7.2.2 any loss of profits, loss of business, loss of chargeable time, loss of anticipated savings, depletion of goodwill goodwill, or similar losses however caused; 7.2.3 loss of use or loss of or damage to data/information inputted by you into the Serviceservice/application. 7.3 SUBJECT TO CLAUSES Subject to clauses 8.1 AND and 8.2 IN NO EVENT SHALL SAGE’S LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SERVICEin no event shall BlackBooks liability to you arising out of or in connection with the service/application, YOUR SUBSCRIPTION OR THIS AGREEMENTyour subscription, WHETHER IN CONTRACTor this agreement, TORT OR OTHERWISEwhether in contract, EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU IN THE TWELVE tort, or otherwise, exceed the subscription fees paid by you in the twelve (12) MONTHS PRECEDING YOUR CLAIMmonths preceding your claim, OR ANY SHORTER PERIOD IF THIS AGREEMENT TERMINATES FOR ANY REASON PRIOR TO THE END OF YOUR FIRST SUBSCRIPTION PERIODor any shorter period if this agreement terminates for any reason before the end of your first subscription period. 7.4 You acknowledge and agree that this Agreement allocates al l ocates risk between you and Sage BlackBooks as authorized by applicable law and that the Subscription pricing reflects this allocation of risk and the exclusions and limitations of liability contained in this Agreementagreement. If any remedy hereunder is determined to have failed of its essential purpose, all other limitations of liability and exclusion of damages set out in this Agreement agreement shall remain in full force and effect. 7.5 You acknowledge that unless you and Sage BlackBooks agree in writing for Sage BlackBooks to provide any professional services service/applications directly to you in connection with your Subscriptionsubscription, you are responsible for engaging a qualified third party to provide any professional services service/applications for you on terms you negotiate. You also acknowledge that you are responsible for independently investigating the skills and qualifications of such a third party to ensure that they provide you with the level of skill and service service/application your business requires. You agree that Sage BlackBooks shall have no liability whatsoever for any failure associated with such professional servicesservice/applications, even if the party you engage is an authorized or certified Resellerreseller, consultant, or installer of Sage BlackBooks products or services/applications. 7.6 In the event that If you wish to bring a claim or other civil proceeding arising out of or in connection with this Agreementagreement, you represent and warrant to Sage BlackBooks that the involvement of you and any of your Affiliates affiliates in such a claim or proceeding shall not give rise to any increase in or multiplication of any cap placed on Sage’s BlackBooks liability.

Appears in 1 contract

Samples: Subscription Agreement

EXCLUSIONS OF AND LIMITATIONS ON LIABILITY. 7.1 Nothing in this Agreement excludes Sage’s liability for: 7.1.1 death or personal injury caused by Sage’s negligence; 7.1.2 fraud or fraudulent misrepresentation; and/or 7.1.3 any other matter Sage cannot limit or exclude by applicable law. 7.2 a. You acknowledge that the provision of the Service software is inherently complex and may not be free from errors errors, and that you have been advised to verify the work produced by the ServiceProduct. Subject to clause 8.1 neither Neither Sage nor its suppliers, or third-third party providers shall be liable to you whether in tort, (including negligence or breach of statutory duty), delict, contract, misrepresentation, restitution or otherwise (even if Sage knew or should have known there was a possibility you could suffer or incur such loss or damage) for: 7.2.1 for any special, indirect, incidental, consequential or punitive damages resulting from any defect in the Subscription; 7.2.2 any loss , even if Xxxx has been advised of profits, loss the possibility of business, loss such damages. This means Sage is not responsible or liable for damages or costs incurred as a result of chargeable lost time, loss of anticipated savingsdata, depletion of goodwill or similar losses however caused; 7.2.3 loss of use anticipated profits, lost opportunity cost, or loss of Use of the Subscription, nor for damages or damage to data/information inputted costs incurred in connection with obtaining substitute subscription services or support, claims made against you by you into the Service. 7.3 SUBJECT TO CLAUSES 8.1 AND 8.2 others or similar costs. IN NO EVENT SHALL SAGE’S LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SERVICEPRODUCT, YOUR SUBSCRIPTION OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM, OR ANY SHORTER PERIOD IF THIS AGREEMENT TERMINATES FOR ANY REASON PRIOR TO THE END OF YOUR FIRST SUBSCRIPTION PERIOD. 7.4 . You acknowledge and agree that this Agreement allocates risk between you and Sage as authorized by applicable law law, and that the Subscription pricing reflects this allocation of risk and the exclusions and limitations of liability contained in this Agreement. If any remedy hereunder is determined to have failed of its essential purpose, all other limitations of liability and exclusion of damages set out forth in this Agreement shall remain in full force and effect. 7.5 b. You acknowledge that unless you and Sage Xxxx agree in writing for Sage to provide any professional services directly to you in connection with implement your Subscription, you are responsible for engaging a qualified third party to provide any professional implementation services for you on terms you negotiate. You also acknowledge that you are responsible for independently investigating the skills and qualifications of such third party to ensure that they provide you with the level of skill and service your business requires. You agree that Sage shall have no liability whatsoever for any failure associated with such professional implementation services, even if the party you engage is an authorized or certified Reseller, consultant, or installer of Sage products or services.. 10 INDEMNIFICATION 7.6 In the event that you wish a. You shall defend, indemnify, and hold Sage harmless from any third party claim related to bring or arising from (i) your or a claim or other civil proceeding arising out of or in connection with this Agreement, you represent and warrant to Sage that the involvement of you and any of your Affiliates in such a claim or proceeding shall not give rise to any increase in or multiplication of any cap placed on Sage’s liability.third

Appears in 1 contract

Samples: Subscription Agreement

EXCLUSIONS OF AND LIMITATIONS ON LIABILITY. 7.1 Nothing in this Agreement excludes Sage’s liability for: 7.1.1 death or personal injury caused by Sage’s negligence; 7.1.2 fraud or fraudulent misrepresentation; and/or 7.1.3 any other matter Sage cannot limit or exclude by applicable law. 7.2 9.1 You acknowledge that the provision software and services of the Service is this nature are inherently complex and may not be free from errors errors, and that you have been advised to verify the work produced by the Service. Subject to clause 8.1 neither Neither Sage nor its suppliers, or third-third party providers shall be liable to you whether in tort, (including negligence or breach of statutory duty), delict, contract, misrepresentation, restitution or otherwise (even if Sage knew or should have known there was a possibility you could suffer or incur such loss or damage) for: 7.2.1 for any special, indirect, incidental, consequential or punitive damages resulting from any defect in the Subscription; 7.2.2 any loss , even if Sage has been advised of profits, loss the possibility of business, loss such damages. This means Sage is not responsible or liable for damages or costs incurred as a result of chargeable lost time, loss of anticipated savingsdata, depletion of goodwill or similar losses however caused; 7.2.3 loss of use anticipated profits, lost opportunity cost, or loss of Use of the Subscription, nor for damages or damage to data/information inputted costs incurred in connection with obtaining substitute subscription services or support, claims made against you by you into the Service. 7.3 SUBJECT TO CLAUSES 8.1 AND 8.2 others or similar costs. IN NO EVENT SHALL SAGE’S LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, YOUR SUBSCRIPTION OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM, OR ANY SHORTER PERIOD IF THIS AGREEMENT TERMINATES FOR ANY REASON PRIOR TO THE END OF YOUR FIRST SUBSCRIPTION PERIOD. 7.4 . You acknowledge and agree that this Agreement allocates risk between you and Sage as authorized by applicable law law, and that the Subscription pricing reflects this allocation of risk and the exclusions and limitations of liability contained in this Agreement. If any remedy hereunder is determined to have failed of its essential purpose, all other limitations of liability and exclusion of damages set out forth in this Agreement shall remain in full force and effect. 7.5 9.2 You acknowledge that unless you and Sage agree in writing for Sage to provide any professional services directly to you in connection with implement your Subscription, you are responsible for engaging a qualified third party to provide any professional implementation services for you on terms you negotiate. You also acknowledge that you are responsible for independently investigating the skills and qualifications of such third party to ensure that they provide you with the level of skill and service your business requires. You agree that Sage shall have no liability whatsoever for any failure associated with such professional services, even if the party you engage is an authorized or certified Reseller, consultant, or installer of Sage products or services. 7.6 In the event that you wish to bring a claim or other civil proceeding arising out of or in connection with this Agreement, you represent and warrant to Sage that the involvement of you and any of your Affiliates in such a claim or proceeding shall not give rise to any increase in or multiplication of any cap placed on Sage’s liability.of

Appears in 1 contract

Samples: Subscription Agreement

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