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

EXCLUSIONS OF AND LIMITATIONS ON LIABILITY. a. You acknowledge that software is inherently complex and may not be free from errors, and that you have been advised to verify the work produced by the Product. Neither Sage nor its suppliers, or third party providers shall be liable for any special, indirect, incidental, consequential or punitive damages resulting from any defect in the Subscription, even if Xxxx has been advised of the possibility of such damages. This means Sage is not responsible or liable for damages or costs incurred as a result of lost time, loss of data, loss of anticipated profits, lost opportunity cost, or loss of Use of the Subscription, nor for damages or costs incurred in connection with obtaining substitute subscription services or support, claims made against you by others or similar costs. IN NO EVENT SHALL SAGE’S LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT, 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. 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 limitations of liability and exclusion of damages set forth in this Agreement shall remain in full force and effect.

EXCLUSIONS OF AND LIMITATIONS ON LIABILITY. a. 9.1 You acknowledge that software is and services of this nature are inherently complex and may not be free from errors, and that you have been advised to verify the work produced by the ProductService. Neither Sage nor its suppliers, or third party providers shall be liable for any special, indirect, incidental, consequential or punitive damages resulting from any defect in the Subscription, even if Xxxx Sage has been advised of the possibility of such damages. This means Sage is not responsible or liable for damages or costs incurred as a result of lost time, loss of data, loss of anticipated profits, lost opportunity cost, or loss of Use of the Subscription, nor for damages or costs incurred in connection with obtaining substitute subscription services or support, claims made against you by others or similar costs. IN NO EVENT SHALL SAGE’S LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTSERVICE, 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. 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 limitations of liability and exclusion of damages set forth in this Agreement shall remain in full force and effect.

EXCLUSIONS OF AND LIMITATIONS ON LIABILITY. a. You acknowledge that software is inherently complex and may not be free from errors, and that you have been advised to verify the work produced by the Product. Neither Sage nor its suppliers, or third party providers providers, shall be liable for any special, indirect, incidental, consequential consequential, or punitive damages resulting from any defect in the Subscriptiondamages, even if Xxxx has been advised of the possibility of such damages. This means Sage is not responsible or liable for damages or costs incurred as a result of lost time, loss of data, loss of anticipated profits, lost opportunity cost, or loss of Use of the Subscription, nor for damages or costs incurred in connection with obtaining substitute subscription services or support, claims made against you by others others, or similar costs. IN NO EVENT SHALL SAGE’S LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT, 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. 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 limitations of liability and exclusion of damages set forth in this Agreement shall remain in full force and effect.