Legal Use. You must not use this Software to assist in any endeavour that breaks local or international laws or treaties. To the maximum extent permitted by law, each party to this Agreement excludes all liability and responsibility in contract, tort (including negligence), or otherwise, for any loss of opportunity, loss of or damage to goodwill or reputation, extra staff costs or overheads resulting, directly or indirectly, from the use of, or reliance on, the Software or relating to this Agreement. If either party suffers loss or damage as a result of a party’s negligence or failure to comply with this Agreement, any claim arising from a party’s negligence or failure will be limited in respect of any one incident, or series of connected incidents to the Subscription Fee paid or the equivalent payable to the previous 12 months. The limitation of liability described above will not apply to any loss suffered by either party as a result of the other party’s fraud, willful misconduct or breach of its obligations under this Agreement regarding confidentiality, privacy, right of use or Intellectual Property claim by a third party. BGL shall be responsible for any breach of this Agreement by any subcontractor BGL has engaged (including any Approved Subcontractors).
Appears in 5 contracts
Samples: Software Subscription Agreement, Software Subscription Agreement, Software Subscription Agreement
Legal Use. You must not use this Software to assist in any endeavour that breaks local or international laws or treaties. To the maximum extent permitted by law, each party to this Agreement excludes all liability and responsibility in contract, tort (including negligence), or otherwise, for any loss of opportunity, (including loss of data, profits and savings) or damage to goodwill or reputation, extra staff costs or overheads resulting, directly or indirectly, from the use of, or reliance on, the Software or relating to this the Agreement. If either party suffers loss or damage as a result of a party’s negligence or failure to comply with this Agreement, any claim arising from a party’s negligence or failure will be limited in respect of any one incident, or series of connected incidents to the Subscription Fee paid or the equivalent payable to the previous 12 months. The limitation of liability described above will not apply to any loss suffered by either party as a result of the other party’s fraud, willful misconduct or breach of its obligations under this Agreement agreement regarding confidentiality, privacy, right of use use, or Intellectual Property intellectual property claim by a third party. BGL shall be responsible for any breach of this Agreement by any subcontractor BGL has engaged (including any Approved Subcontractors).
Appears in 1 contract
Samples: Software Subscription Agreement