Common use of LIMITATION OF LIABILITY; INSURANCE Clause in Contracts

LIMITATION OF LIABILITY; INSURANCE. 18.1 Licensee declares that it is entering into the Agreement in the knowledge that RSCS's liability is limited and that the Price has been calculated accordingly. 18.2 RSCS can only be held liable for real damage suffered by Licensee, insofar as Licensee has provided proof that RSCS’s contractual breach is the direct cause of this damage. Whatever the circumstances, RSCS will not be liable for: (i) damage caused by any breach of the Agreement by the Customer or by a third party; (ii) damage caused by defects of hardware and/or software and/or networks and/or any other item supplied by the Customer to RSCS or used by it and not supplied by RSCS; and (iii) any other service provided by the Customer or by a third party. 18.3 RSCS's total liability for any breach of the Agreement is limited, all damages and indemnities of any kind included, to seventy percent (70%) of the Price (excluding VAT) paid by Licensee in the scope of the Proposal. 18.4 Any claim by Licensee, arising under or in connection with the Agreement, shall be brought within one (1) year after the cause of action arose or when the claiming Party becomes aware of the relevant breach. 18.5 The Parties acknowledge and expressly accept that the prices agreed in the Agreement reflect the distribution of risk between the Parties and the ensuing limitation of liability. They also acknowledge and accept that the amount of the ceiling negotiated and accepted between them according to the terms of this clause is not derisory and does not contradict the scope of the material obligation accepted by RSCS under the Agreement. The stipulations of this clause shall survive the expiration and termination of the Agreement for any reason whatsoever for events generating liability and occurring during the term of the Agreement.

LIMITATION OF LIABILITY; INSURANCE. 18.1 Licensee declares that it is entering into the Agreement in the knowledge that RSCS's liability is limited and that the Price has been calculated accordingly. 18.2 RSCS can only be held liable for real damage suffered by Licensee, insofar as Licensee has provided proof that RSCS’s contractual breach is the direct cause of this damage. Whatever the circumstances, RSCS will not be liable for: (i) damage caused by any breach of the Agreement by the Customer or by a third party; (ii) damage caused by defects of hardware and/or software and/or networks and/or any other item supplied by the Customer to RSCS or used by it and not supplied by RSCS; and (iii) any other service provided by the Customer or by a third party. 18.3 RSCS's total liability for any breach of the Agreement is limited, all damages and indemnities of any kind included, to seventy fifteen percent (7015%) of the Price (excluding VAT) paid by Licensee in the scope of the Proposal. 18.4 Any claim by Licensee, arising under or in connection with the Agreement, shall be brought within one (1) year after the cause of action arose or when the claiming Party becomes aware of the relevant breach. 18.5 The Parties acknowledge and expressly accept that the prices agreed in the Agreement reflect the distribution of risk between the Parties and the ensuing limitation of liability. They also acknowledge and accept that the amount of the ceiling negotiated and accepted between them according to the terms of this clause is not derisory and does not contradict the scope of the material obligation accepted by RSCS under the Agreement. The stipulations of this clause shall survive the expiration and termination of the Agreement for any reason whatsoever for events generating liability and occurring during the term of the Agreement.

LIMITATION OF LIABILITY; INSURANCE. 18.1 Licensee declares that it is entering into the Agreement in the knowledge that RSCSUBIKA's liability is limited and that the Price has been calculated accordingly. 18.2 RSCS UBIKA can only be held liable for real damage suffered by Licensee, insofar as far as Licensee has provided proof that RSCSUBIKA’s contractual breach is the direct cause of this damage. Whatever the circumstances, RSCS UBIKA will not be liable forfor : (i) damage caused by any breach of the Agreement by the Customer or by a third party; (ii) damage caused by defects of hardware and/or software and/or networks and/or any other item supplied by the Customer to RSCS UBIKA or used by it and not supplied by RSCSUBIKA; and (iii) any other service provided by the Customer or by a third party. 18.3 RSCSUBIKA's total liability for any breach of the Agreement is limited, all damages and indemnities of any kind included, to seventy fifteen percent (7015%) of the Price (excluding VAT) paid by Licensee in the scope of the Proposal. 18.4 Any claim by Licensee, arising under or in connection with the Agreement, shall be brought within one (1) year after the cause of action arose or when the claiming Party becomes aware of the relevant breach. 18.5 The Parties acknowledge and expressly accept that the prices agreed in the Agreement reflect the distribution of risk between the Parties and the ensuing limitation of liability. They also acknowledge and accept that the amount of the ceiling negotiated and accepted between them according to the terms of this clause is not derisory and does not contradict the scope of the material obligation accepted by RSCS UBIKA under the Agreement. The stipulations of this clause shall survive the expiration and termination of the Agreement for any reason whatsoever for events generating liability and occurring during the term of the Agreement.