Limitations and exclusions of liability. 11.1 Nothing in this 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. 11.2 The limitations and exclusions of liability set out in this Clause 11 and elsewhere in this Agreement: (a) are subject to Clause 11.1; and (b) govern all liabilities arising under this Agreement or relating to the subject matter of this 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 Agreement. 11.3 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings. 11.4 Neither party shall be liable to the other party in respect of any loss of revenue or income. 11.5 Neither party shall be liable to the other party in respect of any loss of use or production. 11.6 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities. 11.7 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software. 11.8 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
Appears in 4 contracts
Samples: Software License Agreement, Software License Agreement, Software License Agreement
Limitations and exclusions of liability. 11.1 15.1 Nothing in this 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.
11.2 15.2 The limitations and exclusions of liability set out in this Clause 11 15 and elsewhere in this Agreement:
(a) are subject to Clause 11.115.1; and
(b) govern all liabilities arising under this the Agreement or relating to the subject matter of this the 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 the Agreement.
11.3 15.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
15.4 Neither party shall be liable to the other in respect of any loss of profits or anticipated savings.
11.4 15.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
11.5 15.6 Neither party shall be liable to the other party in respect of any loss of use or production.
11.6 15.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
11.7 15.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software; providing the Provider has fully complied with its obligations under Clause 6.3 and Clause 6.4.
11.8 15.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
Appears in 3 contracts
Samples: Cloud Hosted Services Agreement, Cloud Hosted Services Agreement, Cloud Hosted Services Agreement
Limitations and exclusions of liability. 11.1 14.1 Nothing in this 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
(d) exclude any liabilities liability of a party that may not be excluded under applicable law.
11.2 14.2 The limitations and exclusions of liability set out in this Clause 11 14 and elsewhere in this the Agreement:
(a) are subject to Clause 11.1; and14.1;
(b) govern all liabilities arising under this the Agreement or relating any collateral contract or in relation to the subject matter of this Agreementthe Agreement or any collateral contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to ; and
(c) will not limit or exclude the extent expressly provided otherwise in this liability of the parties under the express indemnities set out the Agreement.
11.3 14.3 Neither party shall be liable to the other party in respect of any loss of profits profits, income, revenue, use, production or anticipated savings.
11.4 14.4 Neither party shall will be liable to the other party in respect of any loss of revenue or income.
11.5 Neither party shall be liable to the other party in respect of any loss of use or production.
11.6 Neither party shall be liable to the other party in respect of for any loss of business, contracts or commercial opportunities.
11.7 14.5 Neither party shall will be liable for any loss of or damage to the other goodwill or reputation.
14.6 Neither party will be liable in respect of any loss or corruption of any data, database or software.
11.8 14.7 Neither party shall will be liable to the other party in respect of any special, indirect or consequential loss or damage.
14.8 Neither party will be liable for any losses arising out of a Force Majeure Event.
Appears in 2 contracts
Samples: Software Services Agreement, Software Services Agreement
Limitations and exclusions of liability. 11.1 15.1 Nothing in this 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.
11.2 15.2 The limitations and exclusions of liability set out in this Clause 11 15 and elsewhere in this Agreement:
(a) are subject to Clause 11.115.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this 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 Agreement.
11.3 15.3 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
11.4 15.4 Neither party shall be liable to the other party in respect of any loss of revenue or income.
11.5 15.5 Neither party shall be liable to the other party in respect of any loss of use or production.
11.6 15.6 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
11.7 15.7 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software.
11.8 15.8 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
Appears in 2 contracts
Samples: Advisor Terms and Conditions, Advisor Terms and Conditions
Limitations and exclusions of liability. 11.1 12.1 Nothing in this 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.
11.2 12.2 The limitations and exclusions of liability set out in this Clause 11 12 and elsewhere in this Agreement:
(a) are subject to Clause 11.112.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this 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 Agreement.
11.3 12.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
12.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
11.4 12.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
11.5 12.6 Neither party shall be liable to the other party in respect of any loss of use or production.
11.6 12.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
11.7 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software.12.8 Not Used
11.8 12.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
Appears in 1 contract
Samples: Insight License Agreement
Limitations and exclusions of liability. 11.1 10.1. Nothing in this Agreement will:
(a) 10.1.1. limit or exclude any liability for death or personal injury resulting from negligence;
(b) 10.1.2. limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) 10.1.3. limit or exclude any claims for indemnification;
10.1.4. limit any liabilities in any way that is not permitted under applicable law; or
(d) 10.1.5. exclude any liabilities that may not be excluded under applicable law.
11.2 10.2. The limitations and exclusions of liability set out in this Clause 11 10 and elsewhere in this Agreement:
(a) Agreement are subject to Clause 11.110.1; and
(b) and govern all liabilities arising under this Agreement or relating to the subject matter of this 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 Agreement.
11.3 10.3. Neither party Party shall be liable to the other party Party in respect of any losses arising out of a Force Majeure Event.
10.4. Neither Party shall be liable to the other Party in respect of any loss of profits or anticipated savings.
11.4 10.5. Neither party Party shall be liable to the other party Party in respect of any loss of revenue or income.
11.5 10.6. Neither party Party shall be liable to the other party in respect of any loss of use or production.
11.6 Neither party shall be liable to the other party Party in respect of any loss of business, contracts or opportunities.
11.7 10.7. Neither party Party shall be liable to the other party in respect of any loss or corruption of any data, database or software.
11.8 Neither party shall be liable to the other party Party in respect of any special, indirect or consequential loss or damage.
10.8. The aggregate liability of each Party to the other Party under this Agreement shall not exceed the total amount paid and payable by the Customer to Safenames in the 12 months immediately preceding the event giving rise to libiliity. This clause shall not apply to any claim for indemnification or payment of fees.
Appears in 1 contract
Samples: Master Services Agreement
Limitations and exclusions of liability. 11.1 21.1 Nothing in this 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.
11.2 21.2 The limitations and exclusions of liability set out in this Clause 11 21 and elsewhere in this Agreement:
(a) are subject to Clause 11.121.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this 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 Agreement.
11.3 21.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
21.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
11.4 21.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.
11.5 21.6 Neither party shall be liable to the other party in respect of any loss of use or production.
11.6 21.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
11.7 21.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database data or softwaredatabase.
11.8 21.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
Appears in 1 contract
Samples: Software Development Agreement
Limitations and exclusions of liability. 11.1 10.1 Nothing in this 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.
11.2 10.2 The limitations and exclusions of liability set out in this Clause 11 10 and elsewhere in this Agreement:
(a) are subject to Clause 11.110.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this 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 Agreement.
11.3 10.3 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
11.4 10.4 Neither party shall be liable to the other party in respect of any loss of revenue or income.
11.5 10.5 Neither party shall be liable to the other party in respect of any loss of use or production.
11.6 10.6 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
11.7 10.7 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software.
11.8 10.8 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
Appears in 1 contract
Samples: Software Licence Agreement
Limitations and exclusions of liability. 11.1 8.1 Nothing in this 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.
11.2 8.2 The limitations and exclusions of liability set out in this Clause 11 Section 8 and elsewhere in this Agreement:
(a) are subject to Clause 11.1Section 8.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this 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 Agreement.
11.3 8.3 Neither party Party shall be liable to the other party Party in respect of any loss of profits or anticipated savings.
11.4 8.4 Neither party Party shall be liable to the other party Party in respect of any loss of revenue or income.
11.5 8.5 Neither party Party shall be liable to the other party Party in respect of any loss of use or production.
11.6 8.6 Neither party Party shall be liable to the other party Party in respect of any loss of business, contracts contracts, opportunities or opportunitiesgoodwill or any kind.
11.7 8.7 Neither party Party shall be liable to the other party Party in respect of any loss or corruption of any data, database or software.
11.8 8.8 Neither party Party shall be liable to the other party Party in respect of any special, indirect or consequential loss or damage.
Appears in 1 contract
Samples: Trial Agreement
Limitations and exclusions of liability. 11.1 8.1 Nothing in this 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) or • exclude any liabilities that may not be excluded under applicable law.
11.2 8.2 The limitations and exclusions of liability set out in this Clause 11 8 and elsewhere in this Agreement:
(a) : • are subject to Clause 11.18.1; and
(b) and • govern all liabilities arising under this Agreement or relating to the subject matter of this 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 Agreement.
11.3 Neither party 8.3 The Provider shall not be liable to the other party Customer in respect of any loss of profits or anticipated savings.
11.4 Neither party 8.4 The Provider shall not be liable to the other party Customer in respect of any loss of revenue or income.
11.5 8.5 Neither party shall be liable to the other party in respect of any loss of use or production.
11.6 8.6 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
11.7 8.7 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software.
11.8 8.8 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
Appears in 1 contract
Samples: Support Agreement
Limitations and exclusions of liability. 11.1 9.1 Nothing in this Master Services 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.
11.2 9.2 The limitations and exclusions of liability set out in this Clause 11 9 and elsewhere in this Master Services Agreement:
(a) are subject to Clause 11.19.1; and
(b) govern all liabilities arising under this Master Services Agreement or relating to the subject matter of this Master Services 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 Master Services Agreement.
11.3 9.3 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
11.4 9.4 Neither party shall be liable to the other party in respect of any loss of revenue or income.
11.5 9.5 Neither party shall be liable to the other party in respect of any loss of use or production.
11.6 9.6 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
11.7 9.7 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software.
11.8 9.8 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
Appears in 1 contract
Samples: Master Services Agreement
Limitations and exclusions of liability. 11.1 16.1 Nothing in this 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
(d) exclude any liabilities liability of a party that may not be excluded under applicable law.
11.2 16.2 The limitations and exclusions of liability set out in this Clause 11 14 and elsewhere in this the Agreement:
(a) are subject to Clause 11.1; and15.1.
(b) govern all liabilities arising under this the Agreement or relating any collateral contract or in relation to the subject matter of this Agreementthe Agreement or any collateral contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to ; and
(c) will not limit or exclude the extent expressly provided otherwise in this liability of the parties under the express indemnities set out the Agreement.
11.3 16.3 Neither party shall be liable to the other party in respect of any loss of profits profits, income, revenue, use, production, or anticipated savings.
11.4 16.4 Neither party shall will be liable to the other party in respect of any loss of revenue or income.
11.5 Neither party shall be liable to the other party in respect of any loss of use or production.
11.6 Neither party shall be liable to the other party in respect of for any loss of business, contracts contracts, or commercial opportunities.
11.7 16.5 Neither party shall will be liable for any loss of or damage to the other goodwill or reputation.
16.6 Neither party will be liable in respect of any loss or corruption of any data, database or software.
11.8 16.7 Neither party shall will be liable to the other party in respect of any special, indirect or consequential loss or damage.
16.8 Neither party will be liable for any losses arising out of a Force Majeure Event.
Appears in 1 contract
Samples: Master Services Agreement
Limitations and exclusions of liability. 11.1 15.1. Nothing in this Agreement will:
(a) a. limit or exclude any liability for death or personal injury resulting from negligence;
(b) b. limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) c. limit any liabilities in any way that is not permitted under applicable law; or
(d) d. exclude any liabilities that may not be excluded under applicable law.
11.2 15.2. The limitations and exclusions of liability set out in this Clause 11 15 and elsewhere in this Agreement:
(a) a. are subject to Clause 11.115.1; and
(b) b. govern all liabilities arising under this Agreement or relating to the subject matter of this 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 Agreement.
11.3 15.3. Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event or in respect of any loss of profits or anticipated savings.
11.4 Neither party shall be liable to the other party in respect of , any loss of revenue or income.
11.5 Neither party shall be liable to the other party in respect of , any loss of use or production.
11.6 Neither party shall be liable to the other party in respect of , any loss of business, contracts or opportunities.
11.7 Neither party 15.4. The Provider shall not be liable to the other party Customer in respect of any loss or corruption of any data, database or software; providing that this Clause 16.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 7.3 and Clause 7.4.
11.8 15.5. Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
15.6. The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed the greater of: (a) 50 Eur; and (b) the total amount paid and payable by the Customer to the Provider under this Agreement in the 6 month period preceding the commencement of the event or events.
15.7. The aggregate liability of each party to the other party under this Agreement shall not exceed the greater of: (a) 100 Eur; and (b) the total amount paid and payable by the Customer to the Provider under this Agreement.
Appears in 1 contract
Samples: Saas Agreement
Limitations and exclusions of liability. 11.1 7.1 Nothing in this 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 or exclude any liabilities liability of a party under Section 12 of the Sale of Goods Xxx 0000 or Section 2 of the Supply of Goods and Service Xxx 0000;
(d) limit any liability of a party in any way that is not permitted under applicable law; or
(de) exclude any liabilities liability of a party that may not be excluded under applicable law.
11.2 7.2 The limitations and exclusions of liability set out in this Clause 11 [7] [and elsewhere in this the Agreement]:
(a) are subject to Clause 11.1; and[7.1];
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreementliabilities, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except ; and
(c) govern all liabilities arising under the Agreement [or any collateral contract] or in relation to the extent expressly provided otherwise in this Agreementsubject matter of the Agreement [or any collateral contract].
11.3 Neither party shall 7.3 The Consultant will not be liable to the other party in respect of any loss of profits profits, income, revenue, use, production or anticipated savings.
11.4 Neither party shall 7.4 The Consultant will not be liable to the other party in respect of any loss of revenue or income.
11.5 Neither party shall be liable to the other party in respect of any loss of use or production.
11.6 Neither party shall be liable to the other party in respect of for any loss of business, contracts or commercial opportunities.
11.7 Neither party shall 7.5 The Consultant will not be liable to the other party in respect of any loss or corruption of any data, database or software.
11.8 Neither party shall 7.6 The Consultant will not be liable to the other party in respect of any special, indirect or consequential loss or damage.
Appears in 1 contract
Samples: Consultancy Agreement