Common use of Limitation of Remedies and Damages Clause in Contracts

Limitation of Remedies and Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, AND/OR COMPUTER FAILURE OR Agreement, McAfee hereby grants to you a apply if you have purchased Support. The McAfee MALFUNCTION, AND/OR COSTS OF non-exclusive, non-transferable right to use the Software (for the purpose of this Technical Support and Maintenance Terms are incorporated by reference and can be found at PROCURING SUBSTITUTE SOFTWARE OR SERVICES. Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theory, in no event shall either party‟s aggregate liability to the other party for direct damages exceed the lesser of: a) the amount of total fees paid or payable by you for the Software giving rise to such claim during the 12 months immediately preceding the event giving rise to such claim, or b) the applicable McAfee list price, at the date of the purchase, for the Software giving rise to such claim ordered by you during the 12 months immediately preceding the event giving rise to such claim, even if the other party has been advised of the possibility of such damages. No provision of this Agreement shall exclude or limit in any way (i) the liability of either party for death or personal injury caused by negligence, or (ii) your liability for excess usage of, and/or any breach of McAfee‟s intellectual property rights in the Software. THE LIMITATION OF LIABILITY IN THIS SECTION IS BASED ON THE FACT THAT END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK- UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THIS PROVISION, THE FEE CHARGED FOR THIS SOFTWARE WOULD BE HIGHER.

Limitation of Remedies and Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, AND/OR COMPUTER FAILURE OR MALFUNCTION, AND/OR COSTS OF Agreement, McAfee hereby grants to you a apply if you have purchased Support. The McAfee MALFUNCTION, AND/OR COSTS OF PROCURING SUBSTITUTE SOFTWARE non-exclusive, non-transferable right to use the Software (for the purpose of this Agreement, use of the Software means to Technical Support and Maintenance Terms are incorporated by reference and can be found at PROCURING SUBSTITUTE SOFTWARE xxxx://xxx.xxxxxx.xxx/us/support/support_terms_n_con ditions.html. After the support or service subscription OR SERVICES. Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theory, in no event shall either party‟s aggregate liability to the other party for direct damages exceed the lesser of: a) the amount of total fees paid or payable by you for the Software giving rise to such claim during the 12 months immediately preceding the event giving rise to such claim, or b) the applicable McAfee list price, at the date of the purchase, for the Software giving rise to such claim ordered by you during the 12 months immediately preceding the event giving rise to such claim, even if the other party has been advised of the possibility of such damages. No provision of this Agreement shall exclude or limit in any way (i) the liability of either party for death or personal injury caused by negligence, or (ii) your liability for excess usage of, and/or any breach of McAfee‟s intellectual property rights in the Software. THE LIMITATION OF LIABILITY IN THIS SECTION IS BASED ON THE FACT THAT END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK- UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THIS PROVISION, THE FEE CHARGED FOR THIS SOFTWARE WOULD BE HIGHER.

Limitation of Remedies and Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY13.1 Subject to clause 12 of this Part A, WHETHER IN TORTthis clause 13 sets out the entire financial liability of MedaPhor (including any liability for the acts or omissions of its employees, CONTRACT OR OTHERWISE, SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, AND/OR COMPUTER FAILURE OR agents and sub-contractors) to you: 13.1.1 arising under or in connection with this Agreement, McAfee hereby grants the Letter Agreement or any tortious act or omissions of MedaPhor; 13.1.2 in respect of any use made by you of the Software Product or the ScanTrainer Cloud or any part of them; and 13.1.3 in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement and/or the Letter Agreement. 13.2 Where the Software Product is provided to you on any storage medium other than via the ScanTrainer Cloud, your remedy for a apply if you have purchased Supportbreach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. The McAfee MALFUNCTION, AND/OR COSTS OF non-exclusive, non-transferable Selection of whether to correct or replace shall be solely at the discretion of MedaPhor. MedaPhor reserves the right to use substitute a functionally equivalent copy of the Software (for the purpose of this Technical Support and Maintenance Terms are incorporated by reference and can be found at PROCURING SUBSTITUTE SOFTWARE OR SERVICESProduct as a replacement. Regardless of whether the claim for such damages If MedaPhor is based in contract, tort and/or any other legal theory, in no event shall either party‟s aggregate liability unable to provide a replacement or substitute Software Product or corrections to the other party for direct damages exceed Software Product, your sole alternative remedy shall be a refund of the lesser of: a) the amount of total fees paid or payable by you purchase price for the Software giving rise to such Product, exclusive of any costs for shipping and handling. 13.3 Any claim during the 12 months immediately preceding the event giving rise to such claim, or b) under clause 13.2 above must be made within the applicable McAfee list pricewarranty period. All warranties cover only defects arising under normal use and do not include malfunctions of failure resulting from misuse, at the date abuse, neglect, alteration, problems with electrical power, acts of the purchasenature, for unusual temperatures or humidity, improper installation, or damage determined by MedaPhor to have been caused by you. All limited warranties on the Software giving rise Product are granted only to such claim ordered you and are non-transferable. 13.4 Without prejudice to clause 13.2 above, the total liability which MedaPhor shall owe to you in respect of all claims under this Agreement shall not exceed the aggregate monies paid by you during to MedaPhor under this Agreement and the 12 months immediately preceding the event giving rise Letter Agreement. 13.5 You agree to such claimdefend, even if the other party has been advised of the possibility of such indemnify and hold MedaPhor harmless from all claims, actions, judgements, proceedings, liabilities, losses, damages. No provision , expenses and costs (including without limitation court costs and reasonable legal fees) arising from your breach of this Agreement and/or out of or in connection with your use of the Software Product, the ScanTrainer Cloud or the accompanying documents. 13.6 MedaPhor shall exclude have no liability (on any account whatsoever) to Authorised Users as a result of this Agreement and/or their use of the Software Product and/or the ScanTrainer Cloud and you agree to defend, indemnify and hold MedaPhor harmless against any claims, actions, judgements, proceedings, liabilities, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising from Authorised Users as a result of this Agreement and/or their use of the Software Product and/or the ScanTrainer Cloud. 13.7 The provisions of clauses 11, 12 and 13 of this Part A shall survive the termination of the whole or limit in part of this Agreement together with any way (i) the liability of either party for death or personal injury caused by negligence, or (ii) your liability for excess usage of, and/or any breach of McAfee‟s intellectual property rights in the Software. THE LIMITATION OF LIABILITY IN THIS SECTION IS BASED ON THE FACT THAT END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK- UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THIS PROVISION, THE FEE CHARGED FOR THIS SOFTWARE WOULD BE HIGHERclauses required to give effect to those provisions.

Limitation of Remedies and Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORYAny claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, WHETHER IN TORTabuse, CONTRACT OR OTHERWISEneglect, SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECTalteration, SPECIALproblems with electrical power, INCIDENTAL OR CONSEQUENTIAL DAMAGESacts of nature, DAMAGES FOR LOSS OF PROFITSunusual temperatures or humidity, LOSS OF GOODWILLimproper installation, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, AND/OR COMPUTER FAILURE OR Agreement, McAfee hereby grants or damage determined by SYYCLOPS to have been caused by you. All limited warranties on the Software Product are granted only to you a apply if you have purchased Supportand are nontransferable. The McAfee MALFUNCTIONYou agree to indemnify and hold SYYCLOPS harmless from all claims, AND/OR COSTS OF non-exclusivejudgments, non-transferable right to use the Software (for the purpose liabilities, expenses, or costs arising from your breach of this Technical Support and Maintenance Terms are incorporated by reference and can be found at PROCURING SUBSTITUTE SOFTWARE OR SERVICESAgreement and/or acts or omissions. Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theory, in no event shall either party‟s party’s aggregate liability to the other party for direct damages under this agreement or in connection with its subject matter exceed the lesser of: a) the amount of total fees paid or payable by you for the Software software giving rise to such claim during the 12 months immediately preceding the event giving rise to such claim, or b) the applicable McAfee list price, at the date of the purchase, for the Software giving rise to such claim ordered by you during the 12 months immediately preceding the event giving rise to such claim, even if the other party has been advised of the possibility of such damages. No provision of this Agreement shall exclude or limit in any way (i) the liability of either party for death or personal injury caused by negligence, negligence or (ii) your liability for excess usage of, of and/or any breach of McAfee‟s SYYCLOPS’s intellectual property rights in the Software. THE LIMITATION OF LIABILITY IN THIS SECTION IS BASED ON THE FACT THAT END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSESThe limitation of liability in this section is based on the fact that end users use their Computers for different purposes. THEREFORETherefore, ONLY YOU CAN IMPLEMENT BACK- UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSESonly you can implement back-up plans and safeguards appropriate to your needs in the event that an error in the software causes computer problems and related data losses. FOR THESE BUSINESS REASONS YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THIS PROVISIONFor these business reasons, THE FEE CHARGED FOR THIS SOFTWARE WOULD BE HIGHERyou agree to the limitations of liability in this section and acknowledge that without your agreement to this provision, the fee charged for the software would be higher. Except for actions for non-payment or breach of SYYCLOPS’s proprietary rights in the Software and Documentation, no action, regardless of form, arising out of this Agreement may be brought by either party more than two (2) years after a party knew or should have known of the claim. Many of our clients choose to communicate with us by email, and we may use email in connection with this engagement unless you direct us otherwise. We will use reasonable precautions to protect your confidential information, but we have no obligation to employ any measures that you do not regularly employ in protecting your confidential information. As emails can be intercepted and read, disclosed, or otherwise used or communicated by an unintended third party, or may not be delivered to each of the parties to whom they are directed, we cannot guarantee or warrant that email from us will be properly delivered and read only by the addressee. Therefore, we specifically disclaim any liability or responsibility whatsoever for interception or unintentional disclosure or communication of email transmissions, or for the unauthorized use or failed delivery of emails transmitted by us in connection with the performance of this engagement, or the disclosure or communication of confidential or proprietary information arising therefrom (hereinafter collectively referred to as “Email Interruption”). You agree that we shall have no liability for any loss or damage to any person or entity resulting from or related to any Email Interruption, including any consequential, incidental, direct, indirect, or special damages, such as loss of revenues or anticipated profits, and you hereby forever release us from any such liability and shall indemnify us from any claim related thereto.

Limitation of Remedies and Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY13.1 Subject to clause 12 of this Part A, WHETHER IN TORTthis clause 13 sets out the entire financial liability of IUNA (including any liability for the acts or omissions of its employees, CONTRACT OR OTHERWISE, SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, AND/OR COMPUTER FAILURE OR agents and sub-contractors) to you: 13.1.1 arising under or in connection with this Agreement, McAfee hereby grants the Letter Agreement or any tortious act or omissions of IUNA; 13.1.2 in respect of any use made by you of the Software Product or the ScanTrainer Cloud or any part of them; and 13.1.3 in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement and/or the Letter Agreement. 13.2 Where the Software Product is provided to you on any storage medium other than via the ScanTrainer Cloud, your remedy for a apply if you have purchased Supportbreach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. The McAfee MALFUNCTION, AND/OR COSTS OF non-exclusive, non-transferable Selection of whether to correct or replace shall be solely at the discretion of IUNA. IUNA reserves the right to use substitute a functionally equivalent copy of the Software (for the purpose of this Technical Support and Maintenance Terms are incorporated by reference and can be found at PROCURING SUBSTITUTE SOFTWARE OR SERVICESProduct as a replacement. Regardless of whether the claim for such damages If IUNA is based in contract, tort and/or any other legal theory, in no event shall either party‟s aggregate liability unable to provide a replacement or substitute Software Product or corrections to the other party for direct damages exceed Software Product, your sole alternative remedy shall be a refund of the lesser of: a) the amount of total fees paid or payable by you purchase price for the Software giving rise to such Product, exclusive of any costs for shipping and handling. 13.3 Any claim during the 12 months immediately preceding the event giving rise to such claim, or b) under clause 13.2 above must be made within the applicable McAfee list pricewarranty period. All warranties cover only defects arising under normal use and do not include malfunctions of failure resulting from misuse, at the date abuse, neglect, alteration, problems with electrical power, acts of the purchasenature, for unusual temperatures or humidity, improper installation, or damage determined by IUNA to have been caused by you. All limited warranties on the Software giving rise Product are granted only to such claim ordered you and are non-transferable. 13.4 Without prejudice to clause 13.2 above, the total liability which IUNA shall owe to you in respect of all claims under this Agreement shall not exceed the aggregate monies paid by you during to IUNA under this Agreement and the 12 months immediately preceding the event giving rise Letter Agreement. 13.5 You agree to such claimdefend, even if the other party has been advised of the possibility of such indemnify and hold IUNA harmless from all claims, actions, judgements, proceedings, liabilities, losses, damages. No provision , expenses and costs (including without limitation court costs and reasonable legal fees) arising from your breach of this Agreement and/or out of or in connection with your use of the Software Product, the ScanTrainer Cloud or the accompanying documents. 13.6 IUNA shall exclude have no liability (on any account whatsoever) to Authorised Users as a result of this Agreement and/or their use of the Software Product and/or the ScanTrainer Cloud and you agree to defend, indemnify and hold IUNA harmless against any claims, actions, judgements, proceedings, liabilities, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising from Authorised Users as a result of this Agreement and/or their use of the Software Product and/or the ScanTrainer Cloud. 13.7 The provisions of clauses 11, 12 and 13 of this Part A shall survive the termination of the whole or limit in part of this Agreement together with any way (i) the liability of either party for death or personal injury caused by negligence, or (ii) your liability for excess usage of, and/or any breach of McAfee‟s intellectual property rights in the Software. THE LIMITATION OF LIABILITY IN THIS SECTION IS BASED ON THE FACT THAT END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK- UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THIS PROVISION, THE FEE CHARGED FOR THIS SOFTWARE WOULD BE HIGHERclauses required to give effect to those provisions.

Limitation of Remedies and Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, AND/OR COMPUTER FAILURE OR MALFUNCTION, AND/OR COSTS OF Agreement, McAfee hereby grants to you a apply if you have purchased Support. The McAfee MALFUNCTION, AND/OR COSTS OF PROCURING SUBSTITUTE SOFTWARE non-exclusive, non-transferable right to use the Software (for the purpose of this Agreement, use of the Software means to Technical Support and Maintenance Terms are incorporated by reference and can be found at PROCURING SUBSTITUTE SOFTWARE xxxx://xxx.xxxxxx.xxx/us/support/support_terms_n_con ditions.html. After the support or service subscription OR SERVICES. Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theory, in no event shall either party‟s party’s aggregate liability to the other party for direct damages exceed the lesser of: a) the amount of total fees paid or payable by you for the Software giving rise to such claim during the 12 months immediately preceding the event giving rise to such claim, or b) the applicable McAfee list price, at the date of the purchase, for the Software giving rise to such claim ordered by you during the 12 months immediately preceding the event giving rise to such claim, even if the other party has been advised of the possibility of such damages. No provision of this Agreement shall exclude or limit in any way (i) the liability of either party for death or personal injury caused by negligence, or (ii) your liability for excess usage of, and/or any breach of McAfee‟s McAfee’s intellectual property rights in the Software. THE LIMITATION OF LIABILITY IN THIS SECTION IS BASED ON THE FACT THAT END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK- UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THIS PROVISION, THE FEE CHARGED FOR THIS SOFTWARE WOULD BE HIGHER.

Limitation of Remedies and Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY12.1 Subject to clause 11 of this Part A, WHETHER IN TORTthis clause 12 sets out the entire financial liability of MNA (including any liability for the acts or omissions of its employees, CONTRACT OR OTHERWISEagents and sub-contractors) to you: 12.1.1 arising under or in connection with this Agreement or any tortious act or omissions of MNA; 12.1.2 in respect of any use made by you of the Software Product or any part of it; and 12.1.3 in respect of any representation, SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, AND/OR COMPUTER FAILURE OR statement or tortious act or omission (including negligence) arising under or in connection with this Agreement, McAfee hereby grants . 12.2 Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to you a apply if you have purchased Supportcorrect or replace shall be solely at the discretion of MNA. The McAfee MALFUNCTION, AND/OR COSTS OF non-exclusive, non-transferable MNA reserves the right to use substitute a functionally equivalent copy of the Software (for the purpose of this Technical Support and Maintenance Terms are incorporated by reference and can be found at PROCURING SUBSTITUTE SOFTWARE OR SERVICESProduct as a replacement. Regardless of whether the claim for such damages If MNA is based in contract, tort and/or any other legal theory, in no event shall either party‟s aggregate liability unable to provide a replacement or substitute Software Product or corrections to the other party for direct damages exceed Software Product, your sole alternative remedy shall be a refund of the lesser of: a) the amount of total fees paid or payable by you purchase price for the Software giving rise to such Product, exclusive of any costs for shipping and handling. 12.3 Any claim during the 12 months immediately preceding the event giving rise to such claim, or b) under clause 12.2 above must be made within the applicable McAfee list pricewarranty period. All warranties cover only defects arising under normal use and do not include malfunctions of failure resulting from misuse, at the date abuse, neglect, alteration, problems with electrical power, acts of the purchasenature, for unusual temperatures or humidity, improper installation, or damage determined by MNA to have been caused by you. All limited warranties on the Software giving rise Product are granted only to such claim ordered you and are non-transferable. 12.4 Without prejudice to clause 12.2 above, the total liability which MNA shall owe to you in respect of all claims under this Agreement shall not exceed the aggregate monies paid by you during the 12 months immediately preceding the event giving rise to such claimMNA under this Agreement. 12.5 You agree to defend, even if the other party has been advised of the possibility of such indemnify and hold MNA harmless from all claims, actions, judgements, proceedings, liabilities, losses, damages. No provision , expenses and costs (including without limitation court costs and reasonable legal fees) arising from your breach of this Agreement and/or out of or in connection with your use of the Software Product or the accompanying documents. 12.6 MNA shall exclude have no liability (on any account whatsoever) to Authorised Users as a result of this Agreement and/or their use of the Software Product and you agree to defend, indemnify and hold MNA harmless against any claims, actions, judgements, proceedings, liabilities, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising from Authorised Users as a result of this Agreement and/or their use of the Software Product. 12.7 The provisions of clauses 10, 11 and 12 of this Part A shall survive the termination of the whole or limit in part of this Agreement together with any way (i) the liability of either party for death or personal injury caused by negligence, or (ii) your liability for excess usage of, and/or any breach of McAfee‟s intellectual property rights in the Software. THE LIMITATION OF LIABILITY IN THIS SECTION IS BASED ON THE FACT THAT END USERS USE THEIR COMPUTERS FOR DIFFERENT PURPOSES. THEREFORE, ONLY YOU CAN IMPLEMENT BACK- UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT AN ERROR IN THE SOFTWARE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THIS PROVISION, THE FEE CHARGED FOR THIS SOFTWARE WOULD BE HIGHERclauses required to give effect to those provisions.