Common use of LICENSOR'S LIABILITY Clause in Contracts

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. 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 AcceliMax by Fetola shall not be liable under, or in connection with, this Licence your 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 - reputation; • loss of 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 ’s negligence or willful wilful 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’ candidate’s property or the your premises for any courses conducted by the Licensor on the your premises. You agree to indemnify and hold harmless the Licensor against all cost or losses suffered or incurred but by the Licensor due to claims, demands, suits, proceedings, actions, losses, judgementsjudgments, 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 ’s person, property, or to the your premises on which the course relevant to such candidate takes place, due to any cause other than the Licensor's ’s negligence or willful wilful 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. Nothing 8.1 In this clause “Default” shall mean any breach of the Licensor’s obligations under this XXXX or any default, act, omission, negligence or statement by the Licensor, its employees, agents or sub-contractors in connection with or in relation to the subject matter of this XXXX and in respect of which the Licensor shall be legally liable to the Licensee. The entire liability to the Licensee and the Licensee’s exclusive remedies against the Licensor for any “Default” is set out in this clause 8.1. Such liability shall be limited to the following: 8.1.1 for direct physical damage to property (but excluding data) a maximum liability of the Licence shall exclude Fees received by Licensor for the Maximum Number of Devices licensed during the preceding calendar month per incident or in any way limit the Licensor's liability series of connected incidents. 8.1.2 for fraud, or directly attributable death or personal injury caused by its there shall be no limit on the Licensor’s liability. 8.2 Notwithstanding any other provision of this XXXX, and irrespective of any fault or 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 underfor any direct, indirect, incidental, consequential, reliance, or in connection withspecial damages (including without limitation damages for harm to business, this Licence lost revenues, lost savings, lost profits or any collateral contract for: - loss of income; - loss of business profits or contracts; - business interruption. - loss data) regardless of the use form of money action, whether in contract, warranty, or anticipated savings; - loss of information; - loss of opportunitytort, goodwill or reputation - loss of damage to or corruption of data; or - any indirect or consequential loss or damage including, without limitation, negligence of any kind howsoever arising and whether caused by tort active or passive. 8.3 Licensee will afford Licensor a reasonable opportunity to correct any deficiency in the Software (including negligence), at the option of Licensor the substitution or addition of any other equipment or programs) or other Default before Licensor shall be deemed to be in breach of contract its obligations under this XXXX. 8.4 Licensor is not responsible for any degradation to Licensee’s network or otherwise. - except for matters other computer or network or communications systems caused by the Licensor's negligence Software 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. use thereof. 8.5 You agree to defend, indemnify and hold harmless Licensor its parents, subsidiaries, affiliates, successors, and assigns and the officers, directors, agents, employees and shareholders of Licensor from and against such third party losses, obligations, liabilities, penalties, damages (including but not limited to compensatory and punitive damages) and costs and expenses (including reasonable legal fees) with which they may be faced arising out of and to the extent of any 3rd party claims or demands on or as a result of Your use of the Materials. You agree that any breach of this EULA’s restrictions would cause Licensor irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Licensor may be entitled You agree that Licensor may seek injunctive relief to prevent the actual, threatened or continued breach of this XXXX. In no event shall Licensor or its licensors' aggregate liability for damages arising out of this XXXX exceed 5 (five) Euro. 8.6 The parties acknowledge that the liability limits and risk allocation in this XXXX are essential elements of the XXXX between the parties, without which Licensor would not have provided the Materials or entered into this XXXX and You recognise that You are releasing Licensor from all cost or losses suffered or incurred but the Licensor due to claims, demandsmanner of causes of actions, suits, proceedingsclaims and demands, actions, losses, judgements, damages, costs (including all reasonable legal fees), expenses, fines whatsoever directly or penalties or actions against indirectly arising from Your use of 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 AfricaMaterials.