Common use of Licensee’s Remedies Clause in Contracts

Licensee’s Remedies. 13.1 Thrive’s entire liability and your exclusive remedy (or that of any Organisation in the Cluster at any time) for any breach of clause 12 or this Agreement shall be repair or replacement of Thrive-Online. 13.2 This Agreement sets out the full extent of Thrive's obligations and liabilities in respect of the supply of Thrive- Online and the Training Documentation to you or Organisations in your Cluster. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on Thrive except as specifically stated in this Agreement. Any condition, warranty, representation or other term concerning the supply of Thrive-Online or the Training Documentation which might otherwise be implied or incorporated into this Agreement, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law. 13.3 In no event shall Thrive or its suppliers be liable for any damages whatsoever including, without limitation, loss of income; loss of business profits or contracts; business interruption; loss of the use of money or anticipated savings; loss of information; loss of opportunity, goodwill or reputation; loss of, damage to or corruption of data; or any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. 13.4 Nothing in this Agreement shall limit or exclude the liability of Thrive for death or personal injury resulting from negligence, fraud, fraudulent misrepresentation.

Licensee’s Remedies. 13.1 Thrive’s entire liability and your exclusive remedy (or that of any Organisation in the Cluster at any time) for any breach of clause 12 or this Agreement shall be repair or replacement of Thrive-Online. 13.2 This Agreement sets out the full extent of Thrive's obligations and liabilities in respect of the supply of Thrive- Online and the Training Documentation to you or Organisations in your Cluster. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on Thrive except as specifically stated in this Agreement. Any condition, warranty, representation or other term concerning the supply of Thrive-Online or the Training Documentation which might otherwise be implied or incorporated into this Agreement, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law. 13.3 In no event shall Thrive or its suppliers be liable for any damages whatsoever including, without limitation, loss of income; loss of business profits or contracts; business interruption; loss of the use of money or anticipated savings; loss of information; loss of opportunity, goodwill or reputation; loss of, damage to or corruption of data; or any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. 13.4 Nothing in this Agreement shall limit or exclude the liability of Thrive for death or personal injury resulting from negligence, fraud, fraud or fraudulent misrepresentation.