Common use of Liability Provisions Clause in Contracts

Liability Provisions. Sections 12.1 (Exclusion of Certain Liability) and 12.2 (Liability Cap) do not apply and are replaced with the following: “SurveyMonkey’s liability to you for damages caused by slight negligence will, irrespective of its legal ground, be limited as follows: (a) SurveyMonkey will be liable up to the amount of foreseeable damages typical for this type of contract for a breach of material contractual obligations; and (b) SurveyMonkey shall not be liable for a breach of any non-material contractual obligations nor for the slightly negligent breach of any other applicable duty of care. The foregoing limitations of liability, as well as any other limitations of liability contained in these Terms, will not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. Additionally, such limitations of liability will not apply if and to the extent that SurveyMonkey has assumed a specific guarantee. The foregoing shall apply accordingly to SurveyMonkey’s liability to the Customer for futile expenses. The Customer and each End User is obliged to take adequate measures to avert and reduce damages."

Liability Provisions. Sections 12.1 10.2 (Exclusion of Certain Liability) and 12.2 10.3 (Liability CapLimitation of Liability) do not apply and are replaced with the following: “SurveyMonkey’s liability to you for damages caused by slight negligence will, irrespective of its legal ground, be limited as follows: (a) SurveyMonkey will be liable up to the amount of foreseeable damages typical for this type of contract for a breach of material contractual obligations; and (b) SurveyMonkey shall not be liable for a breach of any non-material contractual obligations nor for the slightly negligent breach of any other applicable duty of care. The foregoing limitations of liability, as well as any other limitations of liability contained in these Terms, will not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. Additionally, such limitations of liability will not apply if and to the extent that SurveyMonkey has assumed a specific guarantee. The foregoing shall apply accordingly to SurveyMonkey’s liability to the Customer for futile expenses. The Customer and each End User is obliged to take adequate measures to avert and reduce damages."

Liability Provisions. Sections 12.1 11.2 (Exclusion of Certain Liability) and 12.2 11.3 (Liability CapLimitation of Liability) do not apply and are replaced with the following: “SurveyMonkeyConflux’s liability to you for damages caused by slight negligence will, irrespective of its legal ground, be limited as follows: (a) SurveyMonkey Conflux will be liable up to the amount of foreseeable damages typical for this type of contract for a breach of material contractual obligations; and (b) SurveyMonkey Conflux shall not be liable for a breach of any non-material contractual obligations nor for the slightly negligent breach of any other applicable duty of care. The foregoing limitations of liability, as well as any other limitations of liability contained in these Terms, will not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. Additionally, such limitations of liability will not apply if and to the extent that SurveyMonkey Conflux has assumed a specific guarantee. The foregoing shall apply accordingly to SurveyMonkeyConflux’s liability to the Customer you for futile expenses. The Customer and each End User is You are obliged to take adequate measures to avert and reduce damages."”

Liability Provisions. Sections 12.1 14.1 (Exclusion of Certain Liability) and 12.2 14.2 (Liability Cap) do not apply and are replaced with the following: “SurveyMonkey’s liability to you for damages caused by slight negligence will, irrespective of its legal ground, be limited as follows: (a) SurveyMonkey will be liable up to the amount of foreseeable damages typical for this type of contract for a breach of material contractual obligations; and (b) SurveyMonkey shall not be liable for a breach of any non-material contractual obligations nor for the slightly negligent breach of any other applicable duty of care. The foregoing limitations of liability, as well as any other limitations of liability contained in these Terms, will not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. Additionally, such limitations of liability will not apply if and to the extent that SurveyMonkey has assumed a specific guarantee. The foregoing shall apply accordingly to SurveyMonkey’s liability to the Customer for futile expenses. The Customer and each End User is obliged to take adequate measures to avert and reduce damages."specific