LICENSOR'S LIABILITY. 4.1 Nothing in this Licence shall exclude or in any way limit the Licensor's liability for fraud, or for death and personal injury caused by its negligence, or any other liability to the extent that it cannot be excluded or limited as a matter of law.
4.2 Subject to condition 4.1 the Licensor shall not be liable under or in connection with this Licence or any collateral contract for:
(a) loss of income;
(b) loss of business profits or contracts;
(c) business interruption;
(d) loss of the use of money or anticipated savings;
(e) loss of information;
(f) loss of opportunity, goodwill or reputation;
(g) loss of, damage to or corruption of data; or
(h) any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this condition 4.2 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of condition 3 or any other claims for direct financial loss that are not excluded by any of categories (a) to (h) inclusive of this condition 4.2.
4.3 Subject to condition 4.1 and condition 4.2, the Licensor's maximum aggregate liability under or in connection with this Licence, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to the Licence Fee or Subscription Fee.
4.4 This Licence sets out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Software and Resource Material. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as specifically stated in this Licence. Any condition, warranty, representation or other term concerning the supply of the Software and Resource Material which might otherwise be implied into, or incorporated in, this Licence, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
LICENSOR'S LIABILITY. Nothing in this Licence shall exclude or in any way limit the Licensor's liability for fraud, or death or personal injury caused by its negligence, or any other liability to the extent that it may not be excluded or limited as a matter of law. The Licensor shall not be liable under, or in connection with, this Licence or any collateral contract for: - 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. - except for matters caused by the Licensor's negligence or willful default (or that of its employees and agents), the Licensor shall not be liable to you for any loss, harm or damage caused to any candidate, candidates’ property or the premises for any courses conducted by the Licensor on the premises. You agree to indemnify and hold harmless the Licensor against all cost or losses suffered or incurred but the Licensor due to claims, demands, suits, proceedings, actions, losses, judgements, damages, costs (including all reasonable legal fees), expenses, fines or penalties or actions against the Licensor arising out of or relating to a third party's any alleged harm, loss or damage caused to a candidate's person, property, or to the premises on which the course relevant to such candidate takes place, due to any cause other than the Licensor's negligence or willful default (or that of its employees and agents) Subject to what is provided above, the Licensor's maximum aggregate liability under or in connection with this Licence, or any collateral contract whether in contract, tort (a wrongful act or an infringement of a right, including negligence) or otherwise, shall be limited to a sum equal to ZAR10 000.00 (Ten Thousand Rand). The Licensor's liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in South Africa.
LICENSOR'S LIABILITY. 7.1 Nothing in this Agreement shall exclude or in any way limit IES's liability for fraud, or for death and personal injury caused by its negligence, or any other liability to the extent that it cannot be excluded or limited as a matter of law.
7.2 Subject to condition 7.1; IES shall not be liable under or in connection with this Agreement or any collateral contract for:
(a) loss of income;
(b) loss of business profits or contracts;
(c) business interruption;
(d) loss of the use of money or anticipated savings;
(e) loss of information;
(f) loss of opportunity, goodwill or reputation;
(g) loss of, damage to or corruption of data;
(h) any indirect or consequential loss or damage of any kind howsoever arising from the use of Scripts not supplied, or validated by IES; or
(i) any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this condition 7.2 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of condition 6 or any other claims for direct financial loss that are not excluded by any of categories (a) to (i) inclusive of this condition 7.2.
7.3 Subject to condition 7.1 and condition 7.2, IES's maximum aggregate liability under or in connection with this Agreement, or any collateral contract, whether in contract, delict, tort (including negligence) or otherwise, shall be limited to a sum equal to the Charges as set out in the first Invoice.
7.4 Subject to condition 7.1, condition 7.2 and condition 7.3, IES's liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting in the UK.
7.5 This Agreement sets out the full extent of IES's obligations and liabilities in respect of the supply of the Software and Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on IES except as specifically stated in this Agreement. Any condition, warranty, representation or other term concerning the supply of the Software and Documentation which might otherwise be implied into, or incorporated in, this Agreement, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
LICENSOR'S LIABILITY. 15.1 Nothing in this Licence or in any Schedule attached hereto shall limit or exclude the liability of either party for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation.
15.2 Subject to clause 15.1 the Licensor's liability for losses suffered by you arising out of or in connection with this Licence and arising out of or in connection with any of the Services provided by the Licensor under any of the Schedules attached hereto (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall exclude:
15.2.1 loss of income;
15.2.2 loss of business profits or contracts;
15.2.3 business interruption;
15.2.4 loss of the use of money or anticipated savings;
15.2.5 loss of information;
15.2.6 loss of opportunity, goodwill or reputation;
15.2.7 loss of, damage to or corruption of data; or
15.2.8 any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 15.2 shall not prevent claims for direct financial loss that are not excluded by any of the categories set out in clauses 15.2.1 - 15.2.8.
15.3 For the avoidance of doubt, the Licensor shall not be liable for any loss to the Licensee of any kind whatsoever occasioned by a discrepancy in the assessment of residual risk or compliance produced by the Saas Service and the actual residual risk or compliance of the Licensee.
15.4 Subject to clauses 15.1 and 15.2, the Licensor's liability in respect of any event or series of connected events:
15.4.1 under or in connection with this Licence (excluding any liability arising out of or in connection with any Services, whether in contract, tort (including negligence) or otherwise, shall be limited (subject to clause 18.4.10) to a sum equal to the Licence Fee paid by the Licensee in the 12 months prior to the relevant event occurring or (as the case may be) prior to the first event of a series of connected events occurring or (if less than 12 months have expired prior to the relevant event occurring (or as the case may be) prior to the first event of a series of connected events occurring) the Licence Fee payable by the Licensee in the 12 months during which the relevant event occurs or (as the case may be) the first event of a series of connected events occurs;
15.4.2 under or in connecti...
LICENSOR'S LIABILITY. No claims for damages shall be asserted against the Licensor (including its legal representatives and agents) on any legal grounds whatsoever except in compliance with the following terms:
11.1 The Licensor is liable for intentional acts and in cases where liability is mandatory by law, including, but not restricted to, cases where product liability law applies, where there is culpably caused injury or damage to health or loss of life, or material damage due to the absence from the Licensed MES Product of features that are guaranteed by the Licensor.
11.2 If none of the foregoing applies, the Licensor is liable as follows:
a. In cases of gross negligence. In such cases, the liability for damage to property and assets shall be limited to the amount of damage that might reasonably be predicted, unless the damage is caused by members of the Licensor´s executive body or by the Licensor´s authorized managers, or unless an essential contractual duty, which has to be fulfilled in order to reasonably fulfill the contract and which the contractual partner may reasonably expect to be fulfilled (cardinal duty), is violated.
b. In cases of slight negligence, in as much as a cardinal duty is violated. In such cases liability for damage to property and financial damage shall be limited to the damage that might reasonably be expected in such cases.
11.3 In the event of data loss, the Licensor is liable under the conditions stated above only for and up to the cost of recovering the data, and only on the condition that proper data backup has been performed by the Licensee.
11.4 No liability is otherwise accepted. This particularly applies to consequential harm caused indirectly by a defect, including loss of profit or non-achievement of savings.
11.5 To the extent possible and allowed by law the parties herewith explicitly agree that any punitive damages shall be
LICENSOR'S LIABILITY. Nothing in this Licence shall exclude or in any way limit the Licensor's liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent that it may not be excluded or limited as a matter of law. The Licensor shall not be liable under, or in connection with, this Licence or any collateral contract for: 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; Subject to what is provided above, the Licensor's maximum aggregate liability under or in connection with this Licence, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to £500. The Licensor's liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in the UK. These terms set out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Training Courses, Training Materials and Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as specifically stated in this Licence.
LICENSOR'S LIABILITY. 1. The Licensor shall not be liable for malfunctions of the Files either separately or in combination with the software with which they were used.
2. The Licensor shall not be liable for any consequences caused by modification of the Files by the Licensee.
3. The Licensor shall not be liable for failure to operate the Files on a particular terminal equipment of the Licensee, including in particular the occurrence of disruptions or interruptions in the functionality of the Files caused by hardware differences or the setting of Internet connections. The Licensor does not guarantee that the Files will work on the terminal equipment in a continuous, flawless and uninterrupted manner or that they will comply with the hardware or system requirements of components supplied by third parties.
4. The Licensor shall not be liable for property and non-property damage incurred by Licensee or third parties as a result of non-performance or improper performance of the Agreement, including those caused by errors and defects in the Files. In particular, the Licensor shall not be liable for any information or income lost by the Licensee, the Licensee's inability to use the Files or the resulting dysfunctionality of other software. In particular, the Licensor shall not be liable for any information or income lost by the Licensee, the Licensee's inability to use the Files or the resulting dysfunctionality of other software. The Licensor's liability, based on the implied warranty, for physical and legal defects of the Files is excluded, as well as for physical and legal defects of the media on which the Files are located.
LICENSOR'S LIABILITY. 6.1 Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury resulting from negligence or for fraud, fraudulent misrepresentation.
6.2 Subject to Clause 6.1, the Licensor's liability for losses suffered by the Licensee arising out of or in connection with this Agreement, whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall (to the fullest extent permitted by law) exclude: (a) loss of income; (b) loss of business profits or contracts; (c) business interruption;
LICENSOR'S LIABILITY. Licensee acknowledges and agrees that the liability of the Licensor Parties arising under or related to this Agreement will be recoverable solely from Licensor, and Licensee agrees to look solely to Licensor for the enforcement of any judgment, award, order or other remedy under or in connection with this Agreement.
LICENSOR'S LIABILITY. Licensee hereby agrees that none among the Indemnitees shall be liable for injury to Licensee’s business or any loss of income therefrom or damages to the property of Licensee, Licensee’s employees, invitees, customers, or any other person in or about DHSP nor shall the Indemnitees be liable for injury to the person of Licensee, Licensee’s employees, agents or contractors or patrons of the Event, and such damages and liabilities shall be at the risk and cost of Licensee, except to the extent such loss or damage is caused by the negligence or willful misconduct of an Indemnitee.
