Common use of Limitation of Responsibility Clause in Contracts

Limitation of Responsibility. 5.1 Save as set out above, neither party is responsible for, and is expressly relieved from liability for, any damages suffered by the other, those direct, indirect, incidental, consequential, of any kind or nature, arising out of or related to this Agreement, the Software and/or Documentation. 5.2 Save as set out above, including Licensor's indemnifications obligation, Licensee recognizes and accepts that Licensor is not in any way responsible for any use of the Software and/or the Documentation by Licensee and/or for the consequences of such use, including but not limited to, if such use results in obtaining materials that violate the rights of third parties, is imprecise, obscene, indecent, threatening, offensive, defamatory, illicit, illegal or otherwise. 5.3 Licensee recognizes and accepts that Licensor is not responsible for possible malfunctions provoked by the Software or resulting from possible incompatibility between the Software and/or Documentation and hardware and for other possible delays or problems of functionality. 5.4 Where the applicable law does not allow for the applicability of the exclusions and limitations of responsibility contained in the present Art. 4 and Art. 5, in no event (other than for its indemnification obligations in Art. 4) the limit of responsibility and compensation of either party hereto (except in connection with Sections 4.2.1 and 4.2.4 above) in any way, for any and all damage, loss and for any other cause, shall not exceed, in total, the amount paid as Software license fees. 5.5 However, the limitations above shall not exclude or limit Licensee’s liability for fraud or for death or personal injury arising from the negligence of Licensee, its employees, agents or sub-contractors, or from Licensee’s indemnification obligations provided in the license with respect to the Software.