Common use of LIMITATION AND EXCLUSION OF LIABILITY Clause in Contracts

LIMITATION AND EXCLUSION OF LIABILITY. 6.1 Nothing in this Agreement shall limit or exclude either party’s liability for: (a) personal injury or death resulting from negligence; (b) fraud; or (c) any other matter for which liability cannot be excluded by law. 6.2 Subject to clause 6.1 and other than as provided in clause 10.10.2(ii), neither party shall be liable to the other party for any indirect, special or consequential loss or damage whatsoever arising under or in relation to this Agreement (whether in contract, tort (including negligence), or otherwise). We shall not be liable to You for any of the following types of loss or damage arising under or in relation to this Agreement: (a) any loss of profits, business, contracts, anticipated savings, goodwill, or revenue; or (b) any loss, or corruption, of software or data; or (c) any loss of use of hardware, software or data. 6.3 Subject to clauses 6.1 and 6.2, Our aggregate liability under and in connection with this Agreement howsoever caused shall be limited in all cases to the aggregate sum of the License Fees paid in the 12 months prior to the event giving rise to the liability. In relation to the Core Edition Software, Preview Software and Freeware, Our sole liability under this Agreement, subject to clause 6.1 shall be limited to ten pounds (GBP10). 6.4 The provisions of this clause allocate risks under this Agreement between You and Us, and the Fees reflect this allocation of risks and these limitations of liability.

LIMITATION AND EXCLUSION OF LIABILITY. 6.1 Nothing in this Agreement shall limit or exclude either party’s liability for: (a) personal injury or death resulting from negligence; , (b) fraud; or (c) any other matter for which liability cannot be excluded by law. 6.2 Subject to clause 6.1 and other than as provided in clause 10.10.2(ii)6.1, neither party shall be liable to the other party for any indirect, special or consequential loss or damage whatsoever arising under or in relation to this Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise). We shall not be liable to You you for any of the following types of loss or damage arising under or in relation to this Agreement: (a) any loss of profits, business, contracts, anticipated savings, goodwill, or revenue; or (b) any loss, or corruption, of software or data; or (c) any loss of use of hardware, software or data. 6.3 Subject to clauses 6.1 6.1, 6.2 and 6.2, Our 9.2 our aggregate liability under and in connection with this Agreement howsoever caused shall be limited in all cases to the aggregate sum of the License Subscription Fees paid in the 12 months prior to the event giving rise to the liability. In relation to the Core Edition Software, Preview Software and Freeware, Our sole liability under this Agreement, subject to clause 6.1 shall be limited to ten pounds (GBP10). 6.4 The provisions of this clause allocate risks under this Agreement between You you and Usus, and the Subscription Fees reflect this allocation of risks and these limitations of liability.

LIMITATION AND EXCLUSION OF LIABILITY. 6.1 Nothing in this Agreement shall limit or exclude either party’s liability for: (a) personal injury or death resulting from negligence; (b) fraud; or (c) any other matter for which liability cannot be excluded by law. 6.2 Subject to clause 6.1 and other than as provided in clause 10.10.2(ii), neither party shall be liable to the other party for any indirect, special or consequential loss or damage whatsoever arising under or in relation to this Agreement (whether in contract, tort (including negligence), or otherwise). We shall not be liable to You for any of the following types of loss or damage arising under or in relation to this Agreement: (a) any loss of profits, business, contracts, anticipated savings, goodwill, or revenue; or (b) any loss, or corruption, of software or data; or (c) any loss of use of hardware, software or data. In relation to the Preview Software and Freeware, Our sole liability under this Agreement, subject to clause 6.1 shall be limited to ten pounds (GBP£10). 6.3 Subject to clauses 6.1 and 6.2, 6.2 Our aggregate liability under and in connection with this Agreement howsoever caused shall be limited in all cases to the aggregate sum of the License Subscription Fees or Renewal Fees (as applicable) paid in the 12 months prior to the event giving rise to the liability. In relation to the Core Edition Software, Preview Software and Freeware, Our sole liability under this Agreement, subject to clause 6.1 shall be limited to ten pounds (GBP10). 6.4 The provisions of this clause allocate risks under this Agreement between You and Us, and the Fees reflect this allocation of risks and these limitations of liability.

LIMITATION AND EXCLUSION OF LIABILITY. 6.1 Nothing in this Agreement shall limit or exclude either party’s liability for: (a) personal injury or death resulting from negligence; , (b) fraud; or (c) any other matter for which liability cannot be excluded by law. 6.2 Subject to clause 6.1 and other than as provided in clause 10.10.2(ii)6.1, neither party shall be liable to the other party for any indirect, special or consequential loss or damage whatsoever arising under or in relation to this Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise). We shall not be liable to You you for any of the following types of loss or damage arising under or in relation to this Agreement: (a) any loss of profits, business, contracts, anticipated savings, goodwill, or revenue; or (b) any loss, or corruption, of software or data; or (c) any loss of use of hardware, software or data. 6.3 Subject to clauses 6.1 6.1, 6.2 and 6.2, Our 9.2 our aggregate liability under and in connection with this Agreement howsoever caused shall be limited in all cases to the aggregate sum of the License Licence Fees paid in the 12 months prior to the event giving rise to the liability. In relation to the Core Edition Software, Preview Software and Freeware, Our our sole liability under this Agreement, subject to clause 6.1 shall be limited to ten pounds (GBP10)as set out in paragraph 5.2 of Schedule 2. 6.4 The provisions of this clause allocate risks under this Agreement between You you and Usus, and the Licence Fees reflect this allocation of risks and these limitations of liability.

LIMITATION AND EXCLUSION OF LIABILITY. 6.1 Nothing in this Agreement shall limit or exclude either party’s liability for: (a) personal injury or death resulting from negligence; , (b) fraud; or (c) any other matter for which liability cannot be excluded by law. 6.2 Subject to clause 6.1 and other than as provided in clause 10.10.2(ii)6.1, neither party shall be liable to the other party for any indirect, special or consequential loss or damage whatsoever arising under or in relation to this Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise). We shall not be liable to You you for any of the following types of loss or damage arising under or in relation to this Agreement: (a) any loss of profits, business, contracts, anticipated savings, goodwill, or revenue; or (b) any loss, or corruption, of software or data; or (c) any loss of use of hardware, software or data. 6.3 Subject to clauses 6.1 6.1, 6.2 and 6.29.2, Our aggregate liability under and in connection with this Agreement we will not be liable to you for any direct loss or damage howsoever caused shall be limited in all cases to the aggregate sum arising as a result of the License Fees paid in the 12 months prior to the event giving rise to the liability. In relation to the Core Edition Software, Preview Software and Freeware, Our sole liability under this Agreement, subject to clause 6.1 shall be limited to ten pounds (GBP10)your use of Spawn. 6.4 The provisions of this clause allocate risks under this Agreement between You you and Usus, and the Fees reflect your free use of Spawn reflects this allocation of risks and these limitations of liability.

LIMITATION AND EXCLUSION OF LIABILITY. 6.1 Nothing in this Agreement shall limit or exclude either party’s liability for: (a) personal injury or death resulting from negligence; , (b) fraud; or (c) any other matter for which liability cannot be excluded by law. 6.2 Subject to clause 6.1 and other than as provided in clause 10.10.2(ii)6.1, neither party shall be liable to the other party for any indirect, special or consequential loss or damage whatsoever arising under or in relation to this Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise). We shall not be liable to You you for any of the following types of loss or damage arising under or in relation to this Agreement: (a) any loss of profits, business, contracts, anticipated savings, goodwill, or revenue; or (b) any loss, or corruption, or loss of use of software or datahardware; or (c) any loss, or corruption, or loss of use of hardwaredata (except to the extent such data is Personally Identifiable Data you upload to Spawn, software or datafor which our liability is set out in clause 6.3). 6.3 Subject to clauses 6.1 and 6.2clause 6.1, Our our aggregate liability under for any breach of clauses 8.4 and in connection with this Agreement howsoever caused 8.5 shall be limited in all cases to the aggregate sum of the License Fees paid in the 12 months prior to the event giving rise to the liability. In relation to the Core Edition Software, Preview Software and Freeware, Our sole liability under this Agreement, subject to clause 6.1 shall be limited to ten pounds (GBP10)£300. 6.4 Subject to clauses 6.1, 6.2, 6.3 and 9.2, we will not be liable to you for any direct loss or damage howsoever arising as a result of your use of Spawn. 6.5 The provisions of this clause allocate risks under this Agreement between You you and Usus, and the Fees reflect your free use of Spawn reflects this allocation of risks and these limitations of liability.

LIMITATION AND EXCLUSION OF LIABILITY. 6.1 Nothing in this Agreement shall limit or exclude either party’s liability for: (a) personal injury or death resulting from negligence; , (b) fraud; or (c) any other matter for which liability cannot be excluded by law. 6.2 Subject to clause 6.1 and other than as provided in clause 10.10.2(ii10.8.2(ii), neither party shall be liable to the other party for any indirect, special or consequential loss or damage whatsoever arising under or in relation to this Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise). We shall not be liable to You you for any of the following types of loss or damage arising under or in relation to this Agreement: (a) any loss of profits, business, contracts, anticipated savings, goodwill, or revenue; or (b) any loss, or corruption, of software or data; or (c) any loss of use of hardware, software or data. 6.3 Subject to clauses 6.1 and 6.1, 6.2, Our 9.2 and 10.8.2(ii), our aggregate liability under and in connection with this Agreement howsoever caused shall be limited in all cases to the aggregate sum of the License Licence Fees paid in the 12 months prior to the event giving rise to the liability. In relation to the Core Edition Software, Preview Software and Freeware, Our our sole liability under this Agreement, subject to clause 6.1 shall be limited to ten pounds (GBP10)as set out in paragraph 5.2 of Schedule 2. 6.4 The provisions of this clause allocate risks under this Agreement between You you and Usus, and the Fees reflect this allocation of risks and these limitations of liability.

LIMITATION AND EXCLUSION OF LIABILITY. 6.1 6.1. Nothing in this Agreement shall limit or exclude either party’s liability for: (a) personal injury or death resulting from negligence; , (b) fraud; or (c) any other matter for which liability cannot be excluded by law. 6.2 6.2. Subject to clause 6.1 and other than as provided in clause 10.10.2(ii)6.1, neither party shall be liable to the other party for any indirect, special or consequential loss or damage whatsoever arising under or in relation to this Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise). We shall not be liable to You you for any of the following types of loss or damage arising under or in relation to this Agreement: (a) any loss of profits, business, contracts, anticipated savings, goodwill, or revenue; or (b) any loss, or corruption, of software or data; or (c) any loss of use of hardware, software or data. 6.3 6.3. Subject to clauses 6.1 6.1, 6.2 and 6.2, Our 9.2 our aggregate liability under and in connection with this Agreement howsoever caused shall be limited in all cases to the aggregate sum of the License Subscription Fees paid in the 12 months prior to the event giving rise to the liability. In relation to the Core Edition Software, Preview Software and Freeware, Our sole liability under this Agreement, subject to clause 6.1 shall be limited to ten pounds (GBP10). 6.4 6.4. The provisions of this clause allocate risks under this Agreement between You you and Usus, and the Subscription Fees reflect this allocation of risks and these limitations of liability.