Common use of LICENSOR'S LIABILITY Clause in Contracts

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. 4.1 Nothing in this Licence Support and Maintenance Agreement shall limit or exclude the liability of either party for death or personal injury resulting from negligence, fraud, fraudulent misrepresentation. Save as provided above in any way limit the case of death or personal injury or fraud, the Licensor's liability for fraud, or for death and personal injury caused losses suffered by its negligence, or any other liability to the extent that it cannot be excluded or limited as a matter Licensee arising out of law. 4.2 Subject to condition 4.1 the Licensor shall not be liable under or in connection with this Licence Support and Maintenance Agreement, whether arising in contract, tort (including negligence), misrepresentation or any collateral contract for: otherwise, shall (to the fullest extent permitted by law) exclude: (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 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; . Save as provided that this condition 4.2 shall not prevent claims for loss above in the case of death or damage to your tangible property that fall within the terms of condition 3 personal injury 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 4.2fraud, the Licensor's maximum aggregate liability under or in connection with this LicenceSupport and Maintenance Agreement, 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 fees paid by you for the Services in question. This Licence Support and Maintenance Agreement sets out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Software and Resource MaterialServices. 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 LicenceSupport and Maintenance Agreement. Any condition, warranty, representation or other term concerning the supply of the Software and Resource Material Documentation which might otherwise be implied into, or incorporated in, this LicenceSupport and Maintenance 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. 4.1 5.1 Nothing in this Licence shall exclude or in any way limit the Licensor's Licensors’ 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 5.2 Subject to condition 4.1 5.1 the Licensor Licensors 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 contract, regulatory action, breach of statutory duty 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 5.3 Subject to condition 4.1 5.1 and condition 4.25.2, the Licensor's Licensors’ 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 €150 5.4 Subject to condition 5.1, condition 5.2 and condition 5.3, the Licence Fee or Subscription FeeLicensors’ liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting in the UK. 4.4 5.5 This Licence sets out the full extent of the Licensor's Licensors’ obligations and liabilities in respect of the supply of the Software and Resource MaterialDocumentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor Licensors except as specifically stated in this Licence. Any condition, warranty, representation or other term concerning the supply of the Software and Resource Material Documentation 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. 4.1 8.1 Nothing in this Licence shall exclude or in any way limit the LicensorAppCheck Ltd's liability for fraud, fraud or for death and or personal injury caused by its negligence, negligence or any other liability to the extent that it canmay not be excluded or limited as a matter of law. 4.2 8.2 Subject to condition 4.1 the Licensor 8.1 AppCheck Ltd shall not be liable under under, or in connection with 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 8.2 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of condition 3 5 or any other claims for direct financial loss that are not excluded by any of categories (a) to (h) inclusive of this condition 4.28.2. 4.3 8.3 Subject to condition 4.1 8.1 and condition 4.28.2, the LicensorAppCheck Ltd'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 100% of the Licence Fee or Subscription Fee. 4.4 8.4 Subject to condition 8.1, condition 8.2 and condition 8.3, AppCheck Ltd's liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in the UK. 8.5 This Licence sets out the full extent of the LicensorAppCheck Ltd's obligations and liabilities in respect of the supply of the Software AppCheck Ltd and Resource MaterialDocumentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor AppCheck Ltd except as specifically stated in this Licence. Any condition, warranty, representation or other term concerning the supply of the Software AppCheck Ltd and Resource Material Documentation 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. 4.1 5.1 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 5.2 Subject to condition 4.1 5.1 the Licensor shall not be liable under or in connection with this Licence or any collateral contract for: (a) for 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) 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; otherwise provided that this condition 4.2 5.2 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of condition 3 4 or any other claims for direct financial loss that are not excluded by any of categories (a) to (h) inclusive of this condition 4.25.2. 4.3 5.3 Subject to condition 4.1 5.1 and condition 4.25.2, 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 5.4 Subject to condition 5.1, condition 5.2 and condition 5.3, the Licensor's obligations and liabilities liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting 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. UK. 5.5 Any condition, warranty, representation or other term concerning the supply of the Software and Resource Material Documentation 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. 4.1 Nothing in 5.1 You are free to choose whether to download and use the Software. If You do so, You acknowledge that You do so with the full understanding, and acceptance, of the terms of this Licence Licence, including the provisions of this clause 5, and at Your own risk. In no event 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 to You in connection with this Licence or any collateral contract foraggregate: (a) 5.1.1 for any consequential, indirect, incidental or special damage or loss of income; (b) any kind whatsoever; or loss of business profits or contracts; (c) business interruption; (d) loss of the use of money business, profits, revenue, contracts or anticipated savings; (e) ; or loss of information; (f) loss of opportunity, goodwill or reputation; (g) loss ofdamage arising from loss, damage to or corruption of any data; or (h) 5.1.2 with respect to any indirect and all claims at any and all times arising from or consequential loss or damage of any kind relating to this Licence, howsoever arising and whether caused by under contract, 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 strict liability under or in connection with this Licence, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall for damages exceeding £150 (One Hundred and Fifty Pounds Sterling), 5.1.3 death or personal injury resulting from negligence; or 5.1.4 fraud or fraudulent misrepresentation; or 5.1.5 any other liability which cannot be limited to a sum equal to the Licence Fee or Subscription Feeexcluded by law. 4.4 5.2 This Licence sets out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Software and Resource MaterialDocumentation. 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 Documentation 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. You and the Licensor agree that the only rights and remedies available to each party arising out of or in connection with any condition, warranty, representation or other term concerning the supply of the Software and Documentation shall be for breach of contract as provided in this Licence.

LICENSOR'S LIABILITY. 4.1 Nothing 5.1 This condition sets out the entire financial liability of the parties (including any liability for the acts or omissions of their respective employees, agents and subcontractors) to each other in respect of: (a) any breach of this Licence shall exclude howsoever arising; (b) any use made of the Software by you; and (c) any representation, statement or in any way limit the Licensor's liability for fraud, tortious act or for death and personal injury caused by its omission (including 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 ) arising under or in connection with this Licence 5.2 Nothing in this Licence shall limit or exclude the liability of either party for: (a) death or personal injury resulting from negligence; or (b) fraud or fraudulent misrepresentation; or (c) any collateral contract forother matter which cannot, by law, be excluded. 5.3 Without prejudice to condition 5.2, neither party shall under any circumstances whatsoever be liable to the other, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any: (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; (gf) loss of, damage to or corruption of data; or (hg) 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.damage; 4.3 5.4 Subject to condition 4.1 5.2 and condition 4.25.3, 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 in all circumstances be limited to a sum equal to the Licence Fee or Subscription Feefee paid by you for the Software. 4.4 5.5 Subject to conditions 5.2, 5.3 and 5.4, the Licensor's liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting in the UK. 5.6 This Licence sets out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Software and Resource MaterialSoftware. 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. 4.1 6.1 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 6.2 Subject to condition 4.1 6.1 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 6.3 Subject to condition 4.1 clause 6.1 and condition 4.2clause 6.2, 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 6.4 Subject to clause 6.1, clause 6.2 and clause 6.3, the Licensor's liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting in the UK. 6.5 This Licence sets out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Software and Resource MaterialDocumentation. 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 Documentation 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. 4.1 9.1 This condition sets out the entire financial liability of the parties (including any liability for the acts or omissions of their respective employees, agents and subcontractors) to each other in respect of: (a) any breach of this Licence however arising (b) any use made or resale of the Software or the Documentation by you, or of any product or service incorporating any of the Software or the Documentation; and (c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Licence 9.2 Nothing in this Licence shall limit or exclude the liability of either party for: (a) death or in any way limit the Licensor's liability for fraud, or for death and personal injury caused by its resulting from negligence, ; or (b) fraud or fraudulent misrepresentation; or (c) any other liability to the extent that it cannot be excluded or limited as a matter of by English law. 4.2 Subject 9.3 Without prejudice to condition 4.1 the Licensor 9.2, neither party shall not under any circumstances whatever be liable under to the other, whether in contract, tort (including negligence) or in connection with this Licence restitution, or any collateral contract forfor breach of statutory duty or misrepresentation, or otherwise, for any: (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 9.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of condition 3 8, or any other claims for direct financial loss that are not excluded by any of categories (a) to (h) inclusive of this condition 4.29.3. 4.3 9.4 Subject to condition 4.1 9.2 and condition 4.29.3, 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 in all circumstances be limited to a sum equal the Licence/Subscription Fee paid by the Customer in the twelve month period prior to the Licence Fee or Subscription Feeevent which gives rise to the claim. 4.4 9.5 This Licence sets out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Software and Resource MaterialDocumentation. 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 Documentation 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. 4.1 5.1 Nothing in this Licence shall limit or exclude the liability of either party for death or in any way limit personal injury resulting from negligence, fraud, fraudulent misrepresentation, or deliberate personal repudiatory breaches of this agreement.‌ 5.2 Subject to condition 5.1, the Licensor's liability for fraud, or for death and personal injury caused losses suffered by its negligence, or any other liability to the extent that it cannot be excluded or limited as a matter you arising out of law. 4.2 Subject to condition 4.1 the Licensor shall not be liable under or in connection with this Licence agreement (including any liability for the acts or any collateral contract for:omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall be limited as follows, (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 The Licensor's maximum aggregate liability under or in connection with this Licence, or any Product supplied, or collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to 100% of the Licence Fee or Subscription Fee. 4.4 5.3 This Licence sets out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Software and Resource MaterialProduct. 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 Product 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. 4.1 5.1 Nothing in this Licence shall limit or exclude the liability of either party for death or in any way limit personal injury resulting from negligence, fraud, fraudulent misrepresentation, or deliberate personal repudiatory breaches of this agreement. 5.2 Subject to condition 5.1, the Licensor's liability for fraud, or for death and personal injury caused losses suffered by its negligence, or any other liability to the extent that it cannot be excluded or limited as a matter you arising out of law. 4.2 Subject to condition 4.1 the Licensor shall not be liable under or in connection with this Licence agreement (including any liability for the acts or any collateral contract foromissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall be limited as follows, even if such losses result from the Licensor's deliberate personal repudiatory breach of this agreement: (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 5.2 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of condition 3 5 or any other claims for direct financial loss that are not excluded by any of categories (a) to (h) inclusive of this condition 4.25.2. 4.3 5.3 Subject to condition 4.1 5.1 and condition 4.25.2, 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 100% of the Licence Fee or Subscription Fee. 4.4 5.4 Subject to condition 5.1, condition 5.2 and condition 5.3, the Licensor's liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in the UK. 5.5 This Licence sets out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Software Data and Resource MaterialDocumentation. 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 Data and Resource Material Documentation 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. 4.1 Nothing 6.1 This condition sets out the entire financial liability of the parties (including any liability for the acts or omissions of their respective employees, agents and subcontractors) to each other in respect of: (a) any breach of this Licence shall exclude however arising; (b) any use made or in any way limit resale of the Licensor's liability for fraudSoftware by you, or for death and personal injury caused by its of any product or service incorporating any of the Software; and (c) any representation, statement or tortious act or omission (including 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 ) arising under or in connection with this Licence. 6.2 Nothing in this Licence shall limit or exclude the liability of either party for: (a) death or personal injury resulting from negligence; or (b) fraud or fraudulent misrepresentation; or (c) breach of the terms implied by section 12 of the Sale of Goods Xxx 0000; or (d) breach of section 2 of the Consumer Protection Xxx 0000; or (e) the deliberate default or wilful misconduct of that party, its employees, agents or subcontractors. 6.3 Without prejudice to condition 6.2, neither party shall under any collateral contract forcircumstances whatever be liable to the other, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any: (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 6.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of condition 3 4 or any other claims for direct financial loss that are not excluded by any of categories (a) to (h) inclusive of this condition 4.26.3. 4.3 6.4 Subject to condition 4.1 6.2 and condition 4.26.3, 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 in all circumstances be limited to a sum equal to the Licence Fee or Subscription Feeamount paid by you for the Software. 4.4 6.5 This Licence sets out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Software and Resource MaterialSoftware. 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. 4.1 5.1 Nothing in this Licence shall limit or exclude the liability of either party for death or in personal injury resulting from negligence or any way other matter for which it is not possible to limit liability at law. 5.2 Subject to condition 5.1, the Licensor's liability for fraud, or for death and personal injury caused losses suffered by its negligence, or any other liability to the extent that it cannot be excluded or limited as a matter you arising out of law. 4.2 Subject to condition 4.1 the Licensor shall not be liable under or in connection with this Licence the Product, whether arising in contract, tort (including without limitation negligence), misrepresentation or any collateral contract foras a result of infringement of third party intellectual property rights or otherwise, shall be limited as follows: (a) loss of incomethe Licensor's maximum aggregate liability shall be limited to a sum equal to the licence fee paid by you; (b) the Licensor shall have no liability for loss of income, 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, opportunity or goodwill or reputation; (g) , loss of, of or damage to or corruption of data; or (h) , or any indirect or consequential loss or damage of any kind kind, in each case 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 4.2arising. 4.3 5.3 Subject to condition 4.1 and condition 4.25.1, 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, for infringement of third party intellectual property rights shall be limited to a sum equal to breaches of rights subsisting in the Licence Fee or Subscription FeeUK. 4.4 5.4 This Licence sets out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Software Product and Resource Materialits content. 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 conditionconditions, warrantywarranties, representation representations or other term terms concerning the supply of the Software and Resource Material Product or its content which might otherwise be implied into, into or incorporated in, in this Licence, or any collateral contract, whether by statute, common law or otherwise, is hereby are excluded to the fullest extent permitted by law.

LICENSOR'S LIABILITY. 4.1 6.1 Nothing in this Licence shall limit or exclude the liability of either party for death or in any way limit the personal injury resulting from negligence, fraud, fraudulent misrepresentation, or deliberate personal repudiatory breaches of this agreement. 6.2 Subject to condition 6.1,the Licensor's liability for fraud, or for death and personal injury caused losses suffered by its negligence, or any other liability to the extent that it cannot be excluded or limited as a matter you arising out of law. 4.2 Subject to condition 4.1 the Licensor shall not be liable under or in connection with this Licence agreement (including any liability for the acts or any collateral contract foromissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall be limited as follows, even if such losses result from the Licensor's deliberate personal repudiatory breach of this agreement: (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 6.2 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of condition 3 6 or any other claims for direct financial loss that are not excluded by any of categories (a) to (h) inclusive of this condition 4.26.2. 4.3 6.3 Subject to condition 4.1 6.1 and condition 4.26.2, 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 100 percent of the Initial Licence Fee or Subscription Fee. 4.4 6.4 Subject to condition 6.1 and condition 6.2 the Licensor's liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting in the UK. 6.5 This Licence sets out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Software and Resource MaterialDocumentation. 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 Documentation which might otherwise be implied into, into or incorporated in, 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. 4.1 6.1. In this condition 6 the following shall mean an “Event of Default”: (a) any breach by the Licensor of its contractual obligations arising under this Licence (other than a breach arising from wilful default or recklessness); (b) any misrepresentation by the Licensor in connection with (whether or not contained in the agreement) this Licence (other than a fraudulent misrepresentation); (c) any tortious, act or omission, including negligence, arising in connection with the Licensor’s performance under this Licence (other than any act or omission which is fraudulent or dishonest); and/or (d) any other act giving rise to a liability in respect of this Licence. 6.2. Subject to condition 6.3 all warranties, conditions and other terms implied by statute or common law are excluded from this Licence. 6.3. Nothing in this Licence shall exclude limits or in any way limit excludes the Licensor's ’s liability for fraud, or to the Customer: (a) for death and or personal injury caused resulting from its own or its employees’, agents’ or sub-contractors’ negligence; (b) in relation to any fraudulent misrepresentation or fraudulent acts of its employees; or (c) for any breach of its obligations implied by its negligence, section 12 of the Sale of Goods Xxx 0000 or Section 2 of the Supply of Goods and Services Xxx 0000; or (d) any other liability to the extent that it which cannot be excluded or limited as a matter of by law. 4.2 6.4. Subject to condition 4.1 6.3: (a) the Licensor’s aggregate liability to the Customer in respect of all Events of Default shall be limited to the aggregate fee paid or payable by the Customer for the licence granted under this Licence to use the Application or (where the Licence operates for more than 12 months) the fee shall be deemed to be the average sum paid or payable to the Licensor in a 12 month period of the Licence; (b) the Licensor shall not be liable under or to the Customer in connection with this Licence or respect of any collateral contract for: Event of Default for (ai) loss of income; profits; or (bii) loss of business profits business; or contracts; (ciii) business interruption; depletion of goodwill or similar losses; or (div) loss of the use of money or anticipated savings; ; or (ev) loss of information; goods; or (fvi) loss of opportunity, goodwill contract; or reputation; (gvii) loss of, damage to of use; or (viii) loss or corruption of datadata or information; or or (hix) any indirect special, indirect, consequential or consequential pure economic loss, costs, damages, charges or expenses even if such loss was reasonably foreseeable or damage the Licensor had been advised 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 incurring 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 4.2same. 4.3 6.5. Subject to condition 4.1 and condition 4.26.3, the Licensor's maximum aggregate ’s liability under or in connection with this Licence, or any collateral contract, whether in contract, tort (including negligence) or otherwise, for infringement of third party IPR shall be limited to a sum equal to breaches of rights subsisting in the Licence Fee or Subscription FeeUK. 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. 4.1 5.1 This condition sets out the entire financial liability of the parties (including any liability for the acts or omissions of their respective employees, agents and subcontractors) to each other in respect of: (a) any breach of this Licence however arising (b) any use made or resale of the Software or the Documentation by you, or of any product or service incorporating any of the Software or the Documentation; and (c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Licence 5.2 Nothing in this Licence shall limit or exclude the liability of either party for: (a) death or in any way limit the Licensor's liability for fraud, or for death and personal injury caused by its resulting from negligence, ; or (b) fraud or fraudulent misrepresentation; or (c) any other liability to the extent that it cannot be excluded or limited as a matter of by English law. 4.2 Subject 5.3 Without prejudice to condition 4.1 the Licensor 5.2, neither party shall not under any circumstances whatever be liable under to the other, whether in contract, tort (including negligence) or in connection with this Licence restitution, or any collateral contract forfor breach of statutory duty or misrepresentation, or otherwise, for any: (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 5.3 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 4.25.3. 4.3 5.4 Subject to condition 4.1 5.2 and condition 4.25.3, 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 in all circumstances be limited to a sum equal the Subscription Fee paid by the Customer in the twelve month period prior to the Licence Fee or Subscription Feeevent which gives rise to the claim. 4.4 5.5 This Licence sets out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Software and Resource MaterialDocumentation. 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 Documentation 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.