Common use of LIMITATIONS OF MANUFACTURER’S/RETAILER’S LIABILITY Clause in Contracts

LIMITATIONS OF MANUFACTURER’S/RETAILER’S LIABILITY. 7.1 Unless otherwise provided by Law, the Customer agrees that the maximum limitation of Manufacturer’s liability and/or of Retailer’s liability – in the event of the latter being a legal person different from the Manufacturer – for assessed damage of any kind or in any capacity caused by or connected with the Maintenance Service of the Program, will imply the refund of 50% of the amount paid by the Customer, in the last Service year, as a fee for the Maintenance Service of the application form containing the program that caused the damage, in addition to a fee for the average number of Users of the Customer who actually use the application form that caused the damage, up to 10 Users. The right to compensation for any greater damage remains excluded. 7.2 In no event shall the Manufacturer/Retailer be liable for direct or indirect damages of any nature whatsoever that the Customer or third parties may suffer, including those arising from use or failure to use the Program or caused by errors in the Program. 7.3 Any indication supplied by the operating staff of the Manufacturer/Retailer shall not relieve the Customer of the sole responsibility of protecting his own data by taking appropriate security measures.