Common use of Liability of the Licensor Clause in Contracts

Liability of the Licensor. The Licensor shall be liable towards the Licensee for the damages and losses caused as a direct and necessary consequence of a material breach of the obligations assumed by the Licensor under this Agreement in the following terms: The Licensor’s total maximum aggregate liability towards the Licensee shall be equal to the MSRP (manufacturer's suggested retail price) indicated in the Licensor’s price list applicable at the time of the damages, corresponding to the geographic area where the Licensee is located, save for in case of fraud (dolo) or wilfull misconduct ( culpa grave). The Licensor shall not be liable towards the Licensee in cases where the claims of third parties are caused by errors made by the Licensee, the integrator or any third persons or attributable to its Systems. The Licensor shall not be liable towards the Licensee in case of force majeure or fortuitous events. The Licensor assumes no liability whatsoever in connection with the integration of the Software with third parties’ hardware or systems. In no case will the Licensor be liable for indirect, incidental, exemplary, punitive, consequential or special damages (including, among others, loss of profits, business interruption or loss of business information), whatever their nature or origin, arising out of or in connection with this Agreement, even if the Licensor has been advised of the possibility of such damages or could reasonably have foreseen the possibility of such damages.

Liability of the Licensor. The Licensor shall be liable towards the Licensee for the damages and losses caused as a direct and necessary consequence of a material breach of the obligations assumed by the Licensor under this Agreement in the following terms: The Licensor’s total maximum aggregate liability towards the Licensee shall be equal to the MSRP (manufacturer's suggested retail price) indicated in the Licensor’s price list applicable at the time of the damages, corresponding to the geographic area where the Licensee is located, save for in case of fraud (dolo) or wilfull misconduct ( (culpa grave). The Licensor shall not be liable towards the Licensee in cases where the claims of third parties are caused by errors made by the Licensee, the integrator or any third persons or attributable to its Systems. The Licensor shall not be liable towards the Licensee in case of force majeure or fortuitous events. The Licensor assumes no liability whatsoever in connection with the integration of the Software with third parties’ hardware or systems. In no case will the Licensor be liable for indirect, incidental, exemplary, punitive, consequential or special damages (including, among others, loss of profits, business interruption or loss of business information), whatever their nature or origin, arising out of or in connection with this Agreement, even if the Licensor has been advised of the possibility of such damages or could reasonably have foreseen the possibility of such damages.