Common use of LICENSOR'S LIABILITY Clause in Contracts

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. 7.1 Nothing in this Agreement Licence shall limit or exclude the liability of either party for death or in any way limit IES's liability for personal injury resulting from negligence, 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 lawfraudulent misrepresentation. 7.2 Subject to condition 7.1; IES shall not be liable under , the Licensor's liability for losses suffered by you arising out of or in connection with this Agreement 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 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; (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 (ih) 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 (ih) inclusive of this condition 7.2. 7.3 Subject to condition 7.1 and condition 7.2, IESthe Licensor's maximum aggregate liability under or in connection with this AgreementLicence, 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 licence fee paid by the Licensee in the first Invoicepreceding 12 months from the date of such liability arising. 7.4 Subject to condition 7.1, condition 7.2 and condition 7.3, IESthe Licensor's liability for infringement of third third-party intellectual property rights shall be limited to breaches of rights subsisting in the UK. 7.5 This Agreement Licence sets out the full extent of IESthe Licensor'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 the Licensor except as specifically stated in this AgreementLicence. 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 AgreementLicence, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.

LICENSOR'S LIABILITY. YOUR ATTENTION IS DRAWN PARTICULARLY TO THE PROVISIONS OF THIS CONDITION 7.1 Nothing in this Agreement License shall limit or exclude the liability of either party for death or in any way limit IES's liability for personal injury resulting from negligence, 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 lawfraudulent misrepresentation. 7.2 Subject to condition 7.1; IES shall not be liable under , the Licensor's liability for losses suffered by you arising out of or in connection with this Agreement agreement (including any liability for the acts or any collateral contract omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall not include liability for: (a) loss 7.2.1 Loss of turnover, sales or income; (b) loss 7.2.2 Loss of business profits or contracts; (c) business 7.2.3 Business interruption; (d) loss 7.2.4 Loss of the use of money or anticipated savings; (e) loss 7.2.5 Loss of information; (f) loss 7.2.6 Loss of opportunity, goodwill or reputation; (g) loss 7.2.7 Loss of, damage to or corruption of software or 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 7.2.8 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 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) 7.2.1 to (i) 7.2.8 inclusive of this condition 7.2. 7.3 Subject to condition 7.1 and condition 7.27.1, IESthe Licensor's maximum aggregate liability under or in connection with this AgreementLicense, 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£50. 7.4 Subject to condition 7.1, condition 7.2 and condition 7.3, IESthe Licensor's liability for infringement of third third-party intellectual property rights shall be limited to breaches of rights subsisting in the UK. 7.5 This Agreement License sets out the full extent of IESthe Licensor's obligations and liabilities in respect of the supply of the Software and DocumentationAppUse Extensions. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on IES the Licensor except as specifically stated in this AgreementLicense. Any condition, warranty, representation or other term concerning the supply of the Software and Documentation AppUse Extensions which might otherwise be implied into, or incorporated in, this AgreementLicense, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.

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.