Common use of LIMITATION OF LIABILITY AND EXCLUSIONS Clause in Contracts

LIMITATION OF LIABILITY AND EXCLUSIONS. 11.1. Under no circumstances shall the Managed Service Provider or the Licensor be liable to the End User or any other entity or person for – 11.1.1. an amount of damages, in aggregate, in excess of (a) the Fees paid by the End User to the Managed Service Provider during the 12 (twelve) month period immediately preceding the date on which the claim was made; 11.1.2. loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction; 11.1.3. loss of the use or performance of hardware or products; 11.1.4. claims or damages arising from damage to data; or 11.1.5. special or incidental, consequential or indirect damages or exemplary or punitive damages. 11.2. It is expressly understood and agreed that each and every provision of this Agreement which provides for a limitation of liability, disclaimer, warranties or exclusion of damages is intended by the Parties to be severable and independent of any other provision and shall be enforced as such. This clause 11 shall apply even if an exclusive remedy of the End User under the Agreement has failed its essential purpose. 11.3. The limitations and exclusions set out in clause 11.1 shall not apply to (i) wilful misconduct, fraud, personal injury or death caused by negligence; (ii) unauthorized use or disclosure of Confidential Information; (iii) any other liability which cannot be excluded or limited by applicable law.

LIMITATION OF LIABILITY AND EXCLUSIONS. 11.1. Under no circumstances shall the Managed Service Provider or the Licensor be liable to the End User or any other entity or person for – 11.1.1. an amount of damages, in aggregate, in excess of (a) the Fees paid by the End User to the Managed Service Provider during the 12 (twelve) month period immediately preceding the date on which the claim was made; 11.1.2. loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction; 11.1.3. loss of the use or performance of hardware or products; 11.1.4. claims or damages arising from inherently dangerous Use of the Software; 11.1.5. claims or damages arising from damage to data; or 11.1.511.1.6. special or incidental, consequential or indirect damages or exemplary or punitive damages. 11.2. It is expressly understood and agreed that each and every provision of this Agreement which provides for a limitation of liability, disclaimer, warranties or exclusion of damages is intended by the Parties to be severable and independent of any other provision and shall be enforced as such. This clause 11 shall apply even if an exclusive remedy of the End User under the Agreement has failed its essential purpose. 11.3. The limitations and exclusions set out in clause 11.1 shall not apply to (i) wilful misconduct, fraud, personal injury or death caused by negligence; (ii) unauthorized use or disclosure of Confidential Information; (iii) any other liability which cannot be excluded or limited by applicable law.

LIMITATION OF LIABILITY AND EXCLUSIONS. 11.1. Under no circumstances shall the Managed Service Provider or the Licensor be liable to the End User or any other entity or person for – 11.1.1. an amount of damages, in aggregate, in excess of (a) the Fees paid by the End User to the Managed Service Provider during the 12 (twelve) month period immediately preceding the date on which the claim was made; 11.1.2. loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction; 11.1.3. loss of the use or performance of hardware or products; 11.1.4. claims or damages arising from damage to data; or 11.1.5. special special, or incidental, consequential or indirect damages or exemplary or punitive damages. 11.2. It is expressly understood and agreed that each and every provision of this Agreement which provides for a limitation of liability, disclaimer, warranties or exclusion of damages is intended by the Parties to be severable and independent of any other provision and shall be enforced as such. This clause 11 shall apply even if an exclusive remedy of the End User under the Agreement has failed its essential purpose. 11.3. The limitations and exclusions set out in clause 11.1 shall not apply to (i) wilful misconduct, fraud, personal injury or death caused by negligence; (ii) unauthorized use or disclosure of Confidential Information; (iii) any other liability which cannot be excluded or limited by applicable law.

LIMITATION OF LIABILITY AND EXCLUSIONS. 11.1. Under no circumstances shall the Managed Service Provider Licensor or the Master Licensor be liable to the End User Reseller or any other entity or person person, including an End User, for – 11.1.1. an amount of damages, in aggregate, in excess of (a) the Fees paid by the End User Licensor to the Managed Service Provider Reseller during the 12 (twelve) month period immediately preceding the date on which the claim was made; 11.1.2. loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction; 11.1.3. loss of any claim relating to a breach or unauthorised access to the use or performance of hardware or productsEnd User’s data; 11.1.4. claims or damages arising from damage to data; or 11.1.5. special or incidental, consequential or indirect damages or exemplary or punitive damages. 11.2. It is expressly understood and agreed that each and every provision of this Agreement which provides for a limitation of liability, disclaimer, warranties or exclusion of damages is intended by the Parties to be severable and independent of any other provision and shall be enforced as such. This clause 11 shall apply even if an exclusive remedy of the End User under the Agreement has failed its essential purpose. 11.3. The limitations and exclusions set out in clause 11.1 shall not apply to (i) wilful misconduct, fraud, personal injury or death caused by negligence; (ii) unauthorized use or disclosure of Confidential Information; (iii) any other liability which cannot be excluded or limited by applicable law.