Limitations and exclusions of liability. ● 13.1 Nothing in this XXXX will: (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or ○ (d) exclude any liabilities that may not be excluded under applicable law, ● and, if a party is a consumer, that party’s statutory rights will not be excluded or limited by this XXXX, except to the extent permitted by law. ● 13.2 The limitations and exclusions of liability set out in this Clause 13 and elsewhere in this XXXX: ○ (a) are subject to Clauses 13.1 and 16.6; and ○ (b) govern all liabilities arising under this XXXX or relating to the subject matter of this XXXX, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this XXXX. ● 13.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event. ● 13.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings. ● 13.5 The Licensor will not be liable to the User in respect of any loss of revenue or income. ● 13.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities. ● 13.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software. ● 13.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage. ● 13.9 The liability of the Licensor to the User under this XXXX in respect of any event or series of related events shall not exceed the greater of: (a) € 2.000,–; and
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Limitations and exclusions of liability. ● 13.1 8.1 Nothing in this the XXXX will:
(a) limit or exclude any the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude any the liability of a party for fraud or fraudulent misrepresentationmisrepresentation by that party;
(c) limit any liabilities liability of a party in any way that is not permitted under applicable law; or ○ or
(d) exclude any liabilities liability of a party that may not be excluded under applicable law, ● and, if a party is you are a consumer, that party’s any statutory rights will which you have, which cannot be excluded or limited limited, will not be affected by this the XXXX, except to the extent permitted by law.
● 13.2 8.2 The limitations and exclusions of liability set out in this Clause 13 [8] and elsewhere in this the XXXX: ○ :
(a) are subject to Clauses 13.1 and 16.6Clause [8.1]; and ○ and
(b) govern all liabilities arising under this the XXXX or relating in relation to the subject matter of this the XXXX, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this XXXX.
● 13.3 8.3 The Licensor will not be liable to the User in respect of Licensee for any losses arising out of a Force Majeure Event.
● 13.4 8.4 The Licensor will not be liable to the User Licensee in respect of any business losses, such as loss of profits or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
● 13.5 8.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
● 13.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
● 13.7 The Licensor will not be liable to the User Licensee in respect of any loss or corruption of any data, database or software.
● 13.8 8.6 The Licensor will not be liable to the User Licensee in respect of any special, indirect or consequential loss or damage.
● 13.9 8.7 The Licensor’s aggregate liability of the Licensor to the User under this XXXX in respect of any event or series of related events shall Licensee will not exceed the greater of:
(atotal amount paid for the License(s) € 2.000,–; andby the Licensee.
Appears in 2 contracts
Samples: End User License Agreement (Eula), End User License Agreement (Eula)
Limitations and exclusions of liability. ● 13.1 9.1 Nothing in this XXXX will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or ○ or
(d) exclude any liabilities that may not be excluded under applicable law, ● and, if a party is a consumer, that party’s 's statutory rights will not be excluded or limited by this the XXXX, except to the extent permitted by law.
● 13.2 9.2 The limitations and exclusions of liability set out in this Clause 13 9 and elsewhere in this XXXX: ○ :
(a) are subject to Clauses 13.1 9.1 and 16.613.5; and ○ and
(b) govern all liabilities arising under this the XXXX or relating to the subject matter of this the XXXX, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this the XXXX.
● 13.3 The Licensor 9.3 VHT will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
● 13.4 The Licensor 9.4 VHT will not be liable to the User in respect of any loss of profits or anticipated savings.
● 13.5 The Licensor 9.5 VHT will not be liable to the User in respect of any loss of revenue or income.
● 13.6 The Licensor 9.6 VHT will not be liable to the User in respect of any loss of business, contracts or opportunities.
● 13.7 The Licensor 9.7 VHT will not be liable to the User in respect of any loss or corruption of any data, database or software.
● 13.8 The Licensor 9.8 VHT will not be liable to the User in respect of any special, indirect or consequential loss or damage.
● 13.9 9.9 The liability of the Licensor VHT to the User under this XXXX in respect of any event or series of related events shall not exceed the greater of:total amount paid and payable by the User to VHT under the XXXX in the 12 month period preceding the commencement of the event or events.
(a) € 2.000,–; and9.10 The aggregate liability of VHT to the User under this XXXX shall not exceed the total amount paid by the User to VHT under the XXXX.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Limitations and exclusions of liability. ● 13.1 9.1 Nothing in this XXXX the Agreement will:
(a) limit or exclude any the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude any the liability of a party for fraud or fraudulent misrepresentationmisrepresentation by that party;
(c) limit any liabilities liability of a party in any way that is not permitted under applicable law; or ○ or
(d) exclude any liabilities liability of a party that may not be excluded under applicable law, ● and, if a party is a consumer, that party’s statutory rights will not be excluded or limited by this XXXX, except to the extent permitted by law.
● 13.2 9.2 The limitations and exclusions of liability set out in this Clause 13 [9] and elsewhere in this XXXX: ○ the Agreement:
(a) are subject to Clauses 13.1 and 16.6; and ○ Clause [9.1];
(b) govern all liabilities arising under this XXXX the Agreement or relating any collateral contract or in relation to the subject matter of this XXXXthe Agreement or any collateral contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this XXXX.
● 13.3 9.3 The Licensor Company will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
● 13.4 The Licensor will not be liable to the User in respect of any loss of profits profits, income, revenue, use, production or anticipated savings.
● 13.5 9.4 The Licensor Company will not be liable to the User in respect of any loss of revenue or income.
● 13.6 The Licensor will not be liable to the User in respect of for any loss of business, contracts or commercial opportunities.
● 13.7 9.5 The Licensor Company will not be liable for any loss of or damage to the User goodwill or reputation.
9.6 The Company will not be liable in respect of any loss or corruption of any data, database or software.
● 13.8 9.7 The Licensor Company will not be liable to the User in respect of any special, indirect or consequential loss or damage.
● 13.9 9.8 The Company will not be liable for any losses arising out of a Force Majeure Event.
9.9 The Company's liability of the Licensor in relation to the User under this XXXX in respect of any event or series of related events shall will not exceed the greater of:
: (a) € 2.000,–£1,000; and
Appears in 1 contract
Samples: Web Services Agreement
Limitations and exclusions of liability. ● 13.1 Nothing in this XXXX these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or ○ or
(d) exclude any liabilities that may not be excluded under applicable law, ● and, if a party is a consumer, that party’s and any statutory rights you may have as a consumer will not be excluded or limited by this XXXXthese terms and conditions, except to the extent permitted by law.
● 13.2 The limitations and exclusions of liability set out in this Clause Section 13 and elsewhere in this XXXX: ○ these terms and conditions:
(a) are subject to Clauses 13.1 and 16.6Section 13.1; and ○ and
(b) govern all liabilities arising under this XXXX these terms and conditions or relating to the subject matter of this XXXXthese terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this XXXXthese terms and conditions.
● 13.3 The Licensor We will not be liable to the User you in respect of any losses arising out of a Force Majeure Eventany event or events beyond our reasonable control.
● 13.4 The Licensor We will not be liable to the User you in respect of any business losses, including (without limitation) loss of profits or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
● 13.5 Our aggregate liability to you in respect of a contract under these terms and conditions shall not exceed the total amount paid and payable to us under that contract.
13.6 The Licensor property is situated adjacent to the River Eamont which has been prone to flooding in periods of severe weather. During these floods, the garden of the property can be compromised by flood water. As the flooding is due to the geographic location of the property, this is an event beyond our reasonable control and as such we will not be liable to the User you in respect of any loss losses caused by any floods during the letting period. In particular, flooding of revenue or income.
● 13.6 The Licensor the garden areas will not be liable entitle you to the User in respect of any loss of business, contracts or opportunities.
● 13.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
● 13.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
● 13.9 The liability refund of the Licensor to the User under this XXXX in respect of any event or series of related events shall not exceed the greater of:
(a) € 2.000,–; andrental charges.
Appears in 1 contract
Samples: Holiday Letting Agreement
Limitations and exclusions of liability. ● 13.1 9.1 Nothing in this XXXX the Agreement will:
(a) limit or exclude any the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude any the liability of a party for fraud or fraudulent misrepresentationmisrepresentation by that party;
(c) limit any liabilities liability of a party in any way that is not permitted under applicable law; or ○ or
(d) exclude any liabilities liability of a party that may not be excluded under applicable law, ● and, if a party is a consumer, that party’s statutory rights will not be excluded or limited by this XXXX, except to the extent permitted by law.
● 13.2 9.2 The limitations and exclusions of liability set out in this Clause 13 9 and elsewhere in this XXXX: ○ the Agreement:
(a) are subject to Clauses 13.1 and 16.6Clause 9.1; and ○ and
(b) govern all liabilities arising under this XXXX the Agreement or relating in relation to the subject matter of this XXXXthe Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this XXXX.
● 13.3 9.3 The Licensor provider will not be liable to the User other in respect of any losses arising out loss of a Force Majeure Eventprofits, income, revenue, use, production or anticipated savings.
● 13.4 9.4 The Licensor provider will not be liable to the User in respect of any loss of profits or anticipated savings.
● 13.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
● 13.6 The Licensor will not be liable to the User in respect of other for any loss of business, contracts or commercial opportunities.
● 13.7 9.5 The Licensor provider will not be liable to the User other for any loss of or damage to goodwill or reputation.
9.6 The provider will not be liable to the other in respect of any loss or corruption of any data, database or software.
● 13.8 9.7 The Licensor provider will not be liable to the User other in respect of any special, indirect or consequential loss or damage.
● 13.9 9.8 The liability of the Licensor provider will not be liable to the User under this XXXX other for any losses arising out of a Force Majeure Event.
9.9 The Provider's liability to the Customer in respect of relation to any event or series of related events shall will not exceed the greater of:
(a) € 2.000,–GBP 1,000; and
(b) the total amount paid and payable by the Customer to the Provider under the Agreement during the 12-month period immediately preceding the event or events giving rise to the claim.
9.10 The Provider's aggregate liability to the Customer under the Agreement will not exceed the greater of:
(a) GBP 3,000; and
(b) the total amount paid and payable by the Customer to the Provider under the Agreement.
Appears in 1 contract
Samples: Email Marketing Terms and Conditions
Limitations and exclusions of liability. ● 13.1 10.1 Nothing in this XXXX the Agreement will:
(a) limit or exclude any the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude any the liability of a party for fraud or fraudulent misrepresentationmisrepresentation by that party;
(c) limit any liabilities liability of a party in any way that is not permitted under applicable law; or ○ or
(d) exclude any liabilities liability of a party that may not be excluded under applicable law, ● and, if a party is a consumer, that party’s statutory rights will not be excluded or limited by this XXXX, except to the extent permitted by law.
● 13.2 10.2 The limitations and exclusions of liability set out in this Clause 13 10 and elsewhere in this XXXX: ○ the Agreement:
(a) are subject to Clauses 13.1 and 16.6; and ○ Clause 10.1;
(b) govern all liabilities arising under this XXXX the Agreement or relating any collateral contract or in relation to the subject matter of this XXXXthe Agreement or any collateral contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this XXXX.; and
● 13.3 10.3 The Licensor Provider will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
● 13.4 The Licensor will not be liable to the User in respect of any loss of profits profits, income, revenue, use, production or anticipated savings.
● 13.5 10.4 The Licensor Provider will not be liable to the User in respect of any loss of revenue or income.
● 13.6 The Licensor will not be liable to the User in respect of for any loss of business, contracts or commercial opportunities.
● 13.7 10.5 The Licensor Provider will not be liable for any loss of or damage to the User goodwill or reputation.
10.6 The Provider will not be liable in respect of any loss or corruption of any data, database or software.
● 13.8 10.7 The Licensor Provider will not be liable to the User in respect of any special, indirect or consequential loss or damage.
● 13.9 10.8 Neither party will be liable for any losses arising out of a Force Majeure Event.
10.9 The Provider’s liability of the Licensor in relation to the User under this XXXX in respect of any event or series of related events shall will not exceed the greater of:
(a) € 2.000,–; andtotal amount paid and payable by the Customer to the Provider under the Agreement during the 12 month period immediately preceding the event or events giving rise to the claim.
Appears in 1 contract
Limitations and exclusions of liability. ● 13.1 12.1 Nothing in this XXXX the Agreement will:
(a) limit or exclude any the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude any the liability of a party for fraud or fraudulent misrepresentationmisrepresentation by that party;
(c) limit any liabilities liability of a party in any way that is not permitted under applicable law; or ○ or
(d) exclude any liabilities liability of a party that may not be excluded under applicable law, ● and, if a party is a consumer, that party’s statutory rights will not be excluded or limited by this XXXX, except to the extent permitted by law.
● 13.2 12.2 The limitations and exclusions of liability set out in this Clause 13 12 and elsewhere in this XXXX: ○ the Agreement:
(a) are subject to Clauses 13.1 and 16.6; and ○ Clause 12.1;
(b) govern all liabilities arising under this XXXX the Agreement or relating in relation to the subject matter of this XXXXthe Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to ; and
(c) will limit and exclude the extent expressly provided otherwise in this XXXXliability of the parties under the express indemnities set out the Agreement.
● 13.3 12.3 The Licensor will not be liable to the User in respect of any losses arising out loss of a Force Majeure Eventprofits, income, revenue, use, production or anticipated savings.
● 13.4 12.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
● 13.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
● 13.6 The Licensor will not be liable to the User in respect of for any loss of business, contracts or commercial opportunities.
● 13.7 12.5 The Licensor will not be liable for any loss of or damage to the User goodwill or reputation.
12.6 The Licensor will not be liable in respect of any loss or corruption of any data, database or software.
● 13.8 12.7 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
● 13.9 12.8 The Licensor will not be liable for any losses arising out of a Force Majeure Event.
12.9 The Licensor's liability of the Licensor in relation to the User under this XXXX in respect of any event or series of related events shall will not exceed the greater lesser of:
(a) € 2.000,–£10,000; and
(b) the total amount paid by the Licensee to the Licensor under the Agreement.
Appears in 1 contract
Samples: Software License Agreement
Limitations and exclusions of liability. ● 13.1 8.1 Nothing in this the XXXX will:
(a) limit or exclude any the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude any the liability of a party for fraud or fraudulent misrepresentationmisrepresentation by that party;
(c) limit any liabilities liability of a party in any way that is not permitted under applicable law; or ○ or
(d) exclude any liabilities liability of a party that may not be excluded under applicable law, ● and, if a party is you are a consumer, that party’s any statutory rights will which you have, which cannot be excluded or limited limited, will not be affected by this the XXXX, except to the extent permitted by law.
● 13.2 8.2 The limitations and exclusions of liability set out in this Clause 13 [8] [and elsewhere in this the XXXX: ○ ]:
(a) are subject to Clauses 13.1 and 16.6Clause [8.1]; and ○ and
(b) govern all liabilities arising under this the XXXX or relating in relation to the subject matter of this the XXXX, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this XXXX.
● 13.3 8.3 The Licensor will not be liable to the User in respect of Licensee for any losses arising out of a Force Majeure Event.
● 13.4 8.4 The Licensor will not be liable to the User Licensee in respect of any business losses, such as loss of profits or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
● 13.5 8.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
● 13.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
● 13.7 The Licensor will not be liable to the User Licensee in respect of any loss or corruption of any data, database or software.
● 13.8 8.6 The Licensor will not be liable to the User Licensee in respect of any special, indirect or consequential loss or damage.
● 13.9 8.7 The Licensor's aggregate liability of the Licensor to the User under this XXXX in respect of any event or series of related events shall Licensee will not exceed the greater of:
(a) € 2.000,–; andamount paid by the Licensee for the Software.
Appears in 1 contract
Samples: End User License Agreement (Eula)
Limitations and exclusions of liability. ● 13.1 8.1 Nothing in this the XXXX will:
(a) limit or exclude any the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude any the liability of a party for fraud or fraudulent misrepresentationmisrepresentation by that party;
(c) limit any liabilities liability of a party in any way that is not permitted under applicable law; or ○ or
(d) exclude any liabilities liability of a party that may not be excluded under applicable law, ● and, if a party is you are a consumer, that party’s any statutory rights will which you have, which cannot be excluded or limited limited, will not be affected by this the XXXX, except to the extent permitted by law.
● 13.2 8.2 The limitations and exclusions of liability set out in this Clause 13 and elsewhere in this XXXX: ○ 8:
(a) are subject to Clauses 13.1 and 16.6Clause 8.1; and ○ and
(b) govern all liabilities arising under this the XXXX or relating in relation to the subject matter of this the XXXX, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this XXXX.
● 13.3 8.3 The Licensor will not be liable to the User in respect of Licensee for any losses arising out of a Force Majeure Event.
● 13.4 8.4 The Licensor will not be liable to the User Licensee in respect of any business losses, such as loss of profits or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
● 13.5 8.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
● 13.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
● 13.7 The Licensor will not be liable to the User Licensee in respect of any loss or corruption of any data, database or software.
● 13.8 8.6 The Licensor will not be liable to the User Licensee in respect of any special, indirect or consequential loss or damage.
● 13.9 8.7 The Licensor's aggregate liability of the Licensor to the User under this XXXX Licensee will not exceed the total amount of charges and fees in respect of any event or series of related events shall not exceed the greater of:
(a) € 2.000,–; andSoftware licence.
Appears in 1 contract
Samples: End User License Agreement
Limitations and exclusions of liability. ● 13.1 7.1 Nothing in this XXXX will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or ○ or
(d) exclude any liabilities that may not be excluded under applicable law, ● and, if a party is a consumer, that party’s 's statutory rights will not be excluded or limited by this the XXXX, except to the extent permitted by law.
● 13.2 7.2 The limitations and exclusions of liability set out in this Clause 13 7 and elsewhere in this XXXX: ○ :
(a) are subject to Clauses 13.1 7.1 and 16.68.6; and ○ and
(b) govern all liabilities arising under this the XXXX or relating to the subject matter of this the XXXX, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this the XXXX.
● 13.3 7.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
● 13.4 7.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
● 13.5 7.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
● 13.6 7.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
● 13.7 7.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
● 13.8 7.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
● 13.9 The liability of the Licensor to the User under this XXXX in respect of any event or series of related events shall not exceed the greater of:
(a) € 2.000,–; and
Appears in 1 contract
Samples: End User License Agreement
Limitations and exclusions of liability. ● 13.1 16.1. Nothing in this XXXX Agreement will:
: (a) limit or exclude any liability for death or personal injury resulting from negligence;
; (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
; (c) limit any liabilities in any way that is not permitted under applicable law; or ○ (d) exclude any liabilities that may not be excluded under applicable law, ● ; and, if a party is a consumer, that party’s 's statutory rights will not be excluded or limited by this XXXXAgreement, except to the extent permitted by law.
● 13.2 16.2. The limitations and exclusions of liability set out in this Clause 13 and elsewhere in this XXXXAgreement: ○ (a) are subject to Clauses 13.1 16.1 and 16.618.6; and ○ (b) govern all liabilities arising under this XXXX Agreement or relating to the subject matter of this XXXXAgreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this XXXXAgreement.
● 13.3 The Licensor 16.3. Maxd’Oro will not be liable to the User you in respect of any losses arising out of a Force Majeure Event.
● 13.4 The Licensor 16.4. Maxd’Oro will not be liable to the User you in respect of any loss of profits or anticipated savings.
● 13.5 The Licensor 16.5. Maxd’Oro will not be liable to the User you in respect of any loss of revenue or income.
● 13.6 The Licensor 16.6. Maxd’Oro will not be liable to the User you in respect of any loss of business, contracts or opportunities.
● 13.7 The Licensor 16.7. Maxd’Oro will not be liable to the User you in respect of any loss or corruption of any data, database or software.
● 13.8 The Licensor 16.8. Maxd’Oro will not be liable to the User you in respect of any special, indirect or consequential loss or damage.
● 13.9 The liability of the Licensor to the User under this XXXX in respect of any event or series of related events shall not exceed the greater of:
(a) € 2.000,–; and
Appears in 1 contract
Samples: End User Agreement
Limitations and exclusions of liability. ● 13.1 Subject to Clause 13.4, Solution 7's aggregate total liability for all and any claims in connection with the Software, the Support Services, any Professional Service and the performance or non-performance of this Agreement, whether in contract, or tort (including negligence) or arising in any other way, will not exceed the Licence Fee paid by the Licensee for the Licence Period immediately preceding the date on which the claim is first notified by the Licensee to Solution 7.
13.2 Despite anything else contained in this Agreement (except Clause 13.4), Solution 7 will not be liable to the Licensee or any Affiliate or to any other person for any of the following, in each case whether arising from negligence, or breach of contract, or in any other way, even if Solution 7 had been advised of, or knew of, the likelihood of that loss or type of loss arising:
13.2.1 loss of profits;
13.2.2 loss of savings;
13.2.3 loss of use;
13.2.4 loss of business;
13.2.5 loss of opportunity;
13.2.6 loss or spoiling of data;
13.2.7 loss of contracts, (in each case whether direct or indirect);
13.2.8 indirect or loss or damage;
13.2.9 consequential, incidental or special loss or damage;
13.2.10 punitive damages; and
13.2.11 liquidated losses or damages.
13.3 The Licensee and each Affiliate acknowledges that the above limitations of and exclusions on Solution 7's liability are reasonable in the light of Solution 7's insurance arrangements and that Solution 7 is willing to accept a higher limitation on its liability provided it is able to obtain full insurance cover for its liabilities and the Licensee pays the costs of obtaining and maintaining any increased cover.
13.4 Nothing in this XXXX will:
(a) limit Agreement limits or exclude any excludes Solution 7's liability for death or personal injury resulting from negligence;
(b) limit caused by its negligence or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way liability that is the law does not permitted under applicable law; or ○ (d) exclude any liabilities that may not be excluded under applicable law, ● and, if a party is a consumer, that party’s statutory rights will not permit to be excluded or limited by this XXXX, except to the extent permitted by lawlimited.
● 13.2 The limitations and exclusions of liability set out in this Clause 13 and elsewhere in this XXXX: ○ (a) are subject to Clauses 13.1 and 16.6; and ○ (b) govern all liabilities arising under this XXXX or relating to the subject matter of this XXXX, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this XXXX.
● 13.3 The Licensor 13.5 Solution 7 will not be liable for any failure of the Solution 7 Software to operate with equipment or operating system or any data feed not specified in the User Documentation or for any degradation in respect performance or reduction in functionality caused by the use of the Solution 7 Software with any losses arising out of a Force Majeure Eventoperating system, equipment, software or data feed not specified in the Documentation.
● 13.4 13.6 The Licensor Licensee will not be liable to Solution 7 for any and all damages, losses, liabilities and expenses suffered or incurred by Solution 7 as a result of the act or omission of each Affiliate and each User in respect as though that act or omission were the Licensee’s own act or omission.
13.7 Any failure to comply with this Agreement by any Affiliate or any User, and any failure of any loss User to comply with any acceptable use policy issued by Solution 7 from time to time, will be deemed to be a breach of profits or anticipated savingsthis Agreement by the Licensee.
● 13.5 The Licensor 13.8 Subject to Clause 13.4, Solution 7 will not be liable have no liability to any Affiliate or any User and each Affiliate irrevocably waives any claim which it may have against Solution 7, and the Licensee will indemnify Solution 7 against any and all losses, damages, costs and expenses incurred by Solution 7 in connection with all and any claims brought against Solution 7 by any Affiliate or by any User in respect of any loss of revenue (or incomeboth).
● 13.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
● 13.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
● 13.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
● 13.9 The liability of the Licensor to the User under this XXXX in respect of any event or series of related events shall not exceed the greater of:
(a) € 2.000,–; and
Appears in 1 contract
Samples: Excel Financial Reporting Standard Terms and Conditions
Limitations and exclusions of liability. ● 13.1 9.1 Nothing in this XXXX will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or ○ or
(d) exclude any liabilities that may not be excluded under applicable law, ● and, if a party is a consumer, that party’s 's statutory rights will not be excluded or limited by this XXXX, except to the extent permitted by law.
● 13.2 9.2 The limitations and exclusions of liability set out in this Clause 13 9 and elsewhere in this XXXX: ○ :
(a) are subject to Clauses 13.1 and 16.6Clause 9.1; and ○ and
(b) govern all liabilities arising under this XXXX or relating to the subject matter of this XXXX, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this XXXX.
● 13.3 9.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
● 13.4 9.4 The Licensor will not be liable to the User in respect of any business losses, including loss of profits or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
● 13.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
● 13.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
● 13.7 9.5 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
● 13.8 9.6 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
● 13.9 9.7 The liability of the Licensor to the User under this XXXX in respect of any event or series of related events shall not exceed the greater of:
(a) € 2.000,–; and[amount].
Appears in 1 contract
Samples: End User License Agreement
Limitations and exclusions of liability. ● 13.1 9.1 Nothing in this XXXX will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or ○ ;
(d) exclude any liabilities that may not be excluded under applicable law, ● or
(e) limit indemnity rights, obligations, or liabilities arising out of User Indemnity Events or Licensor Indemnity Events. and, if a party is a consumer, that party’s 's statutory rights will not be excluded or limited by this XXXX, except to the extent permitted by law.
● 13.2 9.2 The limitations and exclusions of liability set out in this Clause 13 9 and elsewhere in this XXXX: ○ EULA:
(a) are subject to Clauses 13.1 and 16.6Clause 9.1; and ○ and
(b) govern all liabilities arising under this XXXX or relating to the subject matter of this XXXX, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this XXXX.
● 13.3 9.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
● 13.4 The Licensor 9.4 Neither Party will not be liable to the User other Party in respect of any loss of profits or anticipated savings.
● 13.5 The Licensor 9.5 Neither Party will not be liable to the User other Party in respect of any loss of revenue or income.
● 13.6 The Licensor 9.6 Neither Party will not be liable to the User other Party in respect of any loss of business, contracts or opportunities.
● 13.7 9.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
● 13.8 The Licensor 9.8 Neither Party will not be liable to the User other Party in respect of any special, indirect or consequential loss or damage.
● 13.9 9.9 The aggregate liability of the Licensor to the User under this XXXX in respect of any event or series of related events shall not exceed the greater of:
(a) € 2.000,–; andtotal amount paid and payable by the User to the Licensor under this XXXX.
Appears in 1 contract
Samples: End User License Agreement (Eula)
Limitations and exclusions of liability. ● 13.1 12.1. To the maximum extent permitted by any applicable law, the Licensor excludes its liability under this XXXX.
12.2. Nothing in this XXXX will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable English law; or ○ (or
d) exclude any liabilities that may not be excluded under applicable law, ● and, if a party is a consumer, that party’s statutory rights will not be excluded or limited by this XXXX, except to the extent permitted by English law.
● 13.2 12.3. The limitations and exclusions of liability set out in this Clause 13 12 and elsewhere in this XXXX: ○ (:
a) are subject to Clauses 13.1 and 16.6Clause 12.1; and ○ (and
b) govern all liabilities arising under this XXXX or relating to the subject matter of this XXXX, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this XXXX.
● 13.3 12.4. The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
● 13.4 12.5. The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
● 13.5 12.6. The Licensor will not be liable to the User in respect of any loss of revenue or income.
● 13.6 12.7. The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
● 13.7 12.8. The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
● 13.8 12.9. The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
● 13.9 12.10. The total liability of the Licensor to the User under this XXXX in respect of any event or series of related events shall not exceed the greater of:
(a) € 2.000,–; andtotal amount paid and payable by the User to the Licensor under this XXXX in the 30-day period preceding the commencement of the event or events.
Appears in 1 contract
Samples: End User License Agreement (Eula)
Limitations and exclusions of liability. ● 13.1 Nothing in this XXXX will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or ○ or
(d) exclude any liabilities that may not be excluded under applicable law, ● and, if a party is a consumer, that party’s 's statutory rights will not be excluded or limited by this the XXXX, except to the extent permitted by law.
● 13.2 The limitations and exclusions of liability set out in this Clause 13 and elsewhere in this XXXX: ○ :
(a) are subject to Clauses 13.1 and 16.6; and ○ and
(b) govern all liabilities arising under this the XXXX or relating to the subject matter of this the XXXX, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this the XXXX.
● 13.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
● 13.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
● 13.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
● 13.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
● 13.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
● 13.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
● 13.9 The liability of the Licensor to the User under this XXXX in respect of any event or series of related events shall not exceed the greater of:
(a) € 2.000,–; and
Appears in 1 contract
Samples: End User License Agreement
Limitations and exclusions of liability. ● 13.1 7.1 Nothing in this the XXXX will:
(a) limit or exclude any the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude any the liability of a party for fraud or fraudulent misrepresentationmisrepresentation by that party;
(c) limit any liabilities liability of a party in any way that is not permitted under applicable law; or ○ or
(d) exclude any liabilities liability of a party that may not be excluded under applicable law, ● and, if a party is a consumer, that party’s statutory rights will not be excluded or limited by this XXXX, except to the extent permitted by law.
● 13.2 7.2 The limitations and exclusions of liability set out in this Clause 13 7 and elsewhere in this the XXXX: ○ :
(a) are subject to Clauses 13.1 and 16.6Clause 7.1; and ○ and
(b) govern all liabilities arising under this the XXXX or relating in relation to the subject matter of this the XXXX, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this XXXX.
● 13.3 7.3 The Licensor will not be liable to the User in respect of Licensee for any losses arising out of a Force Majeure Event.
● 13.4 7.4 The Licensor will not be liable to the User Licensee in respect of any business losses, such as loss of profits or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
● 13.5 7.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
● 13.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
● 13.7 The Licensor will not be liable to the User Licensee in respect of any loss or corruption of any data, database or software.
● 13.8 7.6 The Licensor will not be liable to the User Licensee in respect of any special, indirect or consequential loss or damage.
● 13.9 7.7 The Licensor's aggregate liability to the Licensee will not exceed (i) in case of sole payment by the Licensee, the charges and fees paid in respect of the Software licence that specifically caused the damage or that are subject to the action or that are directly linked to the cause of the action implicating the liability of the Licensor and (ii) in case of periodical payments the aggregate amount of the charges and fees paid for the last period of twelve months for the Software licence that specifically caused the damage or that are subject to the User under this XXXX in respect action or that are directly linked to the cause of any event or series the action implicating the liability of related events shall not exceed the greater of:
(a) € 2.000,–; andLicensor.
Appears in 1 contract
Samples: End User License Agreement (Eula)
Limitations and exclusions of liability. ● 13.1 9.1 Nothing in this XXXX willwill limit or exclude liability for:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way other liability that is not permitted under applicable law; or ○ (d) exclude any liabilities that may cannot be excluded or limited under applicable law, ● laws; and, if a party to this XXXX is a consumer, that party’s 's statutory rights will not be excluded or limited by this XXXX, except to the extent permitted by law.
● 13.2 9.2 The limitations and exclusions of liability set out in this Clause 13 9 and elsewhere in this XXXX: ○ :
(a) are subject to Clauses 13.1 and 16.6Clause 9.1; and ○ and
(b) govern all liabilities arising under this XXXX or relating to the subject matter of this XXXX, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this XXXX.
● 13.3 9.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
● 13.4 9.4 The Licensor will shall not in any circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the User in respect of any licence contained at Clause 4 and this XXXX for:
(a) loss of profits profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings.;
● 13.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
● 13.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
● 13.7 The Licensor will not be liable to the User in respect of any (d) loss or corruption of data or information;
(e) loss of business opportunity, goodwill or reputation; Where any data, database of the losses set out in clause 9.4 (a) to clause 9.4 (e) are direct or software.indirect; or
● 13.8 The Licensor will not be liable to the User in respect of (f) any special, indirect or consequential loss loss, damage, charges or damageexpenses.
● 13.9 The liability of 9.5 Other than the losses set out in clause 9.4 (for which the Licensor is not liable), the Licensor’s maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the User under this XXXX in respect of any event or series of related events shall a sum equal to £50. This maximum cap does not exceed the greater of:
(a) € 2.000,–; andapply to Clause 9.1.
Appears in 1 contract
Samples: End User License Agreement
Limitations and exclusions of liability. ● 13.1 10.1 Nothing in this XXXX will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or ○ or
(d) exclude any liabilities that may not be excluded under applicable law, ● and, if a party is a consumer, that party’s 's statutory rights will not be excluded or limited by this XXXX, except to the extent permitted by law.
● 13.2 10.2 The limitations and exclusions of liability set out in this Clause 13 10 and elsewhere in this XXXX: ○ EULA:
(a) are subject to Clauses 13.1 and 16.6Clause 10.1; and ○ and
(b) govern all liabilities arising under this XXXX or relating to the subject matter of this XXXX, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this XXXX.
● 13.3 10.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
● 13.4 10.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
● 13.5 10.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
● 13.6 10.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
● 13.7 10.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
● 13.8 10.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
● 13.9 10.9 The liability of the Licensor to the User under this XXXX in respect of any event or series of related events shall not exceed the greater of:
(a) € 2.000,–$150; and
(b) the total amount paid and payable by the User to the Licensor under this XXXX in the 12 month period preceding the commencement of the event or events.
10.10 The aggregate liability of the Licensor to the User under this XXXX shall not exceed the greater of:
(a) $250; and
(b) the total amount paid and payable by the User to the Licensor under this XXXX.
Appears in 1 contract
Samples: End User License Agreement
Limitations and exclusions of liability. ● 13.1 12.1 Nothing in this XXXX will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or ○ or
(d) exclude any liabilities that may not be excluded under applicable law, ● and, if a party is a consumer, that party’s statutory rights will not be excluded or limited by this XXXX, except to the extent permitted by law.,
● 13.2 12.2 The limitations and exclusions of liability set out in this Clause 13 12 and elsewhere in this XXXX: ○ :
(a) are subject to Clauses 13.1 and 16.6Clause 12.1; and ○ and
(b) govern all liabilities arising under this XXXX or relating to the subject matter of this XXXX, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this XXXX.
● 13.3 12.3 The Licensor and QSS will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
● 13.4 12.4 The Licensor and QSS will not be liable to the User in respect of any loss of profits or anticipated savings.
● 13.5 12.5 The Licensor and QSS will not be liable to the User in respect of any loss of revenue or income.
● 13.6 12.6 The Licensor and QSS will not be liable to the User in respect of any loss of business, contracts or opportunities.
● 13.7 12.7 The Licensor and QSS will not be liable to the User in respect of any loss or corruption of any data, database or software.
● 13.8 12.8 The Licensor and QSS will not be liable to the User in respect of any special, indirect or consequential loss or damage.damage whatsoever including but not limited to lost revenue, profits or earnings, lost or damaged data or breaches of data security, business interruption, failure to realize expected savings, or other commercial or economic loss, arising out of or relating to any use or inability to use the Software even if Licensor / QSS has been advised of the possibility of such damage or claim and whether or not such damages could reasonably be foreseen
● 13.9 12.9 The liability of the Licensor and QSS to the User under this XXXX in respect of any event or series of related events shall not exceed the greater of:
(a) € 2.000,–; andtotal amount paid and payable by the Licensee to the Licensor under this XXXX, excluding any fees for services or additional work of any kind.
Appears in 1 contract
Samples: End User License Agreement (Eula)
Limitations and exclusions of liability. ● 13.1 8.1 Nothing in this the XXXX will:
(a) limit or exclude any the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude any the liability of a party for fraud or fraudulent misrepresentationmisrepresentation by that party;
(c) limit any liabilities liability of a party in any way that is not permitted under applicable law; or ○ or
(d) exclude any liabilities liability of a party that may not be excluded under applicable law, ● and, if a party is you are a consumer, that party’s any statutory rights will which you have, which cannot be excluded or limited limited, will not be affected by this the XXXX, except to the extent permitted by law.
● 13.2 8.2 The limitations and exclusions of liability set out in this Clause 13 8 and elsewhere in this the XXXX: ○ :
(a) are subject to Clauses 13.1 and 16.6Clause 8.1; and ○ and
(b) govern all liabilities arising under this the XXXX or relating in relation to the subject matter of this the XXXX, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this XXXX.
● 13.3 8.3 The Licensor will not be liable to the User in respect of Licensee for any losses arising out of a Force Majeure Event.
● 13.4 8.4 The Licensor will not be liable to the User Licensee in respect of any business losses, such as loss of profits or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
● 13.5 8.5 The Licensor will not be liable to the User Licensee in respect of any loss of revenue or incomecorruption of, or damage to, any data, database, software or hardware.
● 13.6 8.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
● 13.7 The Licensor will not be liable to the User in respect of Licensee for any loss or corruption of any data, database damage caused directly or software.
● 13.8 The Licensor will not be liable to indirectly by the User in respect of any special, indirect or consequential loss or damage.
● 13.9 The liability use by the Licensee of the Licensor to the User under this XXXX Software (and/or any related output or assets) for any purpose of use, in respect of any event or series of related events shall not exceed the greater of:
(a) € 2.000,–; andaccordance with clause 7.3(c).
Appears in 1 contract
Samples: End User License Agreement
Limitations and exclusions of liability. ● 13.1 16.1 Nothing in this XXXX Agreement will:
: (a) limit or exclude any liability for death or personal injury resulting from negligence;
; (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
; (c) limit any liabilities in any way that is not permitted under applicable law; or ○ (d) exclude any liabilities that may not be excluded under applicable law, ● ; and, if a party is a consumer, that party’s 's statutory rights will not be excluded or limited by this XXXXAgreement, except to the extent permitted by law.
● 13.2 16.2 The limitations and exclusions of liability set out in this Clause 13 and elsewhere in this XXXXAgreement: ○ (a) are subject to Clauses 13.1 16.1 and 16.618.6; and ○ (b) govern all liabilities arising under this XXXX Agreement or relating to the subject matter of this XXXXAgreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this XXXXAgreement.
● 13.3 The Licensor 16.3 Maxd’Oro will not be liable to the User you in respect of any losses arising out of a Force Majeure Event.
● 13.4 The Licensor 16.4 Maxd’Oro will not be liable to the User you in respect of any loss of profits or anticipated savings.
● 13.5 The Licensor 16.5 Maxd’Oro will not be liable to the User you in respect of any loss of revenue or income.
● 13.6 The Licensor 16.6 Maxd’Oro will not be liable to the User you in respect of any loss of business, contracts or opportunities.
● 13.7 The Licensor 16.7 Maxd’Oro will not be liable to the User you in respect of any loss or corruption of any data, database or software.
● 13.8 The Licensor 16.8 Maxd’Oro will not be liable to the User you in respect of any special, indirect or consequential loss or damage.
● 13.9 The liability of the Licensor to the User under this XXXX in respect of any event or series of related events shall not exceed the greater of:
(a) € 2.000,–; and
Appears in 1 contract
Samples: End User Agreement
Limitations and exclusions of liability. ● 13.1 12.1 Nothing in this XXXX EUSA will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or ○ or
(d) exclude any liabilities that may not be excluded under applicable law, ● and, if a party is a consumer, that party’s 's statutory rights implied under section 12 Sale of Goods Xxx 0000 or section 2 of the Supply of Goods Xxx 0000 will not be excluded or limited by this XXXXthe EUSA, except to the extent permitted by law.
● 13.2 12.2 The limitations and exclusions of liability set out in this Clause 13 12 and elsewhere in this XXXX: ○ EUSA:
(a) are subject to Clauses 13.1 and 16.6Clause 12.1; and ○ and
(b) govern all liabilities arising under this XXXX the EUSA or relating to the subject matter of this XXXXthe EUSA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this XXXXthe EUSA.
● 13.3 12.3 The Licensor will not in any circumstances be liable to the User in respect of any losses or damage which may be suffered by the User (or any person claiming under or through the User) whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever which fall within any of the following: -
12.3.1 arising out of a Force Majeure Event.;
● 13.4 The Licensor will not be liable to the User 12.3.2 in respect of any loss of profits or anticipated savings.;
● 13.5 The Licensor will not be liable to the User 12.3.3 in respect of any loss of revenue or income.;
● 13.6 The 12.3.4 special damage even if the Licensor will not be liable to was aware of the User circumstances in which such special damage could arise;
12.3.5 in respect of any loss of business, contracts or opportunities.;
● 13.7 The Licensor will not be liable to the User 12.3.6 in respect of any loss or corruption of any data, database or software; or
12.3.7 any change in the functionality of the respective tier or withdrawal of any tier on notice.
● 13.8 12.4 The Licensor will not be liable total liability of the Licensor, whether in contract, tort (including negligence) or otherwise and whether in connection with this licence or any collateral contract, shall in no circumstances exceed a sum equal to the Fee.
12.5 The User agrees that, in entering into this Licence, either it did not rely on any representations (whether written or oral) of any kind or of any person other than those expressly set out in this Licence or (if it did rely on any representations, whether written or oral, not expressly set out in this Licence) that it shall have no remedy in respect of any special, indirect or consequential loss or damage.
● 13.9 The liability of such representations and (in either case) the Licensor to shall have no liability in any circumstances otherwise than in accordance with the User under express terms of this XXXX in respect of any event or series of related events shall not exceed the greater of:
(a) € 2.000,–; andLicence.
Appears in 1 contract
Limitations and exclusions of liability. ● 13.1 12.1. Nothing in this XXXX will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or ○ (or
d) exclude any liabilities that may not be excluded under applicable law, ● and, if a party is a consumer, that party’s 's statutory rights will not be excluded or limited by this XXXX, except to the extent permitted by law.
● 13.2 12.2. The limitations and exclusions of liability set out in this Clause 13 12 and elsewhere in this XXXX: ○ (:
a) are subject to Clauses 13.1 and 16.6Clause 12.1; and ○ (and
b) govern all liabilities arising under this XXXX or relating to the subject matter of this XXXX, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this XXXX.
● 13.3 12.3. The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
● 13.4 12.4. The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
● 13.5 12.5. The Licensor will not be liable to the User in respect of any loss of revenue or income.
● 13.6 12.6. The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
● 13.7 12.7. The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
● 13.8 12.8. The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
● 13.9 12.9. The total liability of the Licensor to the User under this XXXX in respect of any event or series of related events shall not exceed the greater of:
(a) € 2.000,–; andtotal amount paid and payable by the User to the Licensor under this XXXX in the 30-day period preceding the commencement of the event or events.
Appears in 1 contract
Samples: End User License Agreement (Eula)