Common use of Legal Use Clause in Contracts

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 an 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). BGL migration and conversion services include: ● Migrating data from CAS Desktop to CAS 360 ● Migrating data from Simple Fund Desktop to Simple Fund 360 ● Migrating data from Simple Ledger Desktop to Simple Invest 360 ● Converting data from other company records to CAS 360 ● Converting data from other software to Simple Fund 360 ● Converting data from other software to Simple Invest 360 These services are performed by BGL Team members located at The Outsourced Accountant in the Philippines and by other external service providers. BGL will take all reasonable steps to ensure the data provided to our overseas team members and the external service providers is properly secured. BGL will work with Your team and the service providers to load the Data provided to us by You into our Software. BGL however is not responsible for the accuracy, reliability or completeness of this Data. BGL will provide conversion and migration services free of charge for clients who migrate their CAS 360 companies, Simple Fund 360 funds and Simple Invest 360 portfolios within six (6) months of their initial subscription date. Migrations after six months, will incur a fee for service determined by BGL.