Common use of OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU Clause in Contracts

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 7.1 Except as expressly stated in condition 7.2: 7.1.1 the Licensor shall not in any circumstances have any liability for any losses or damages which may be suffered by you (or any person claiming under or through you), whether the same are suffered directly or indirectly or are immediate or consequential, under or in connection with this Licence and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories: 7.1.1.1 special damage even if we were aware of the circumstances in which such special damage could arise; 7.1.1.2 loss of profits, sales, business, or revenue; 7.1.1.3 loss of anticipated savings; 7.1.1.4 loss of business opportunity; 7.1.1.5 loss of or damage to goodwill or reputation; 7.1.1.6 exemplary damages; 7.1.1.7 punitive damages; 7.1.1.8 costs of the procurement of substitute goods or services; 7.1.1.9 loss or corruption of data; and 7.1.2 the total aggregate liability of the Licensor, whether in contract, tort (including negligence) or otherwise and whether under or in connection with this Licence or any collateral contract, shall in no circumstances exceed 10% of the most recent Licence Fee paid by you under this Licence before the date on which the claim arose; and 7.1.3 you hereby agree that, in entering into this Licence, either you 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 you did rely on any representations, whether written or oral, not expressly set out in this Licence) that you shall have no remedy in respect of such representations and (in either case) the licensor shall have no liability in any circumstances otherwise than in accordance with the express terms of this Licence. 7.2 The exclusions in condition 6 and this condition 7 shall apply to the fullest extent permissible at law, but the Licensor does not exclude liability for: 7.2.1 death or personal injury caused by our negligence; 7.2.2 fraud or fraudulent misrepresentation; or 7.2.3 any liability which may not be excluded by applicable law. 7.3 All dates supplied by us for the delivery of the Software shall be treated as approximate only. We shall not in any circumstances be liable for any loss or damage arising from any delay in delivery beyond such approximate dates. 7.4 If the Licensee is in any country listed in Schedule 1, then that schedule shall also apply. Despite condition 1.6, in the case of conflict or ambiguity between any provision contained in the body of this Licence and any provision contained in that schedule, the provision contained in the schedule shall prevail, but only in respect of the Licensee's use of the Software in that country. 7.5 This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Software and Documentation.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 7.1 Except as expressly stated in condition 7.2: 7.1.1 the Licensor we shall not in any circumstances have any liability for any losses or damages which may be suffered by you (or any person claiming under or through you), whether the same are suffered directly or indirectly or are immediate or consequential, under or in connection with this Licence and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories: 7.1.1.1 any special damage damage, indirect or consequential loss even if we were aware of the circumstances in which such special loss or damage could arise; 7.1.1.2 loss of profits, sales, business, or revenue; 7.1.1.3 loss of anticipated savings; 7.1.1.4 loss of business opportunity; 7.1.1.5 loss of or damage to goodwill or reputation; 7.1.1.6 exemplary damages; 7.1.1.7 punitive damages; 7.1.1.8 costs of the procurement of substitute goods or services; 7.1.1.9 loss of use or corruption of datasoftware, data or information; and 7.1.2 the our total aggregate liability of the Licensorliability, whether in contract, tort (including negligence) or otherwise and whether under or in connection with this Licence or any collateral contract, shall in no circumstances exceed 10% £100.00 in any five, 5, year period, Great British Pounds (“GBP”), provided however that this limitation shall not apply to you if you only use the App, Documentation and/or Services under an Evaluation Licence, and in this case, if we are determined to have any liability to you or any third party arising from your use of the most recent Licence Fee paid by you App, Documentation and/or Services under this Licence before the date on which the claim arosean Evaluation Licence, then our aggregate liability will be limited to £10.00 GBP in any five, 5, year period; and 7.1.3 you hereby agree that, in entering into this Licence, either you 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 you did rely on any representations, whether written or oral, not expressly set out in this Licence) that you shall have no remedy in respect of such representations and (in either case) the licensor we shall have no liability in any circumstances otherwise than in accordance with the express terms of this Licence. 7.2 The exclusions in condition 6 5 and this condition 7 shall apply to the fullest extent permissible at law, but the Licensor does we do not exclude liability for: 7.2.1 death or personal injury caused by our negligence; 7.2.2 fraud or fraudulent misrepresentation; or 7.2.3 any liability which may not be excluded by applicable law. 7.3 All dates supplied by us for If you are located in or are accessing the delivery of the Software shall be treated as approximate only. We shall not in any circumstances be liable for any loss or damage arising from any delay in delivery beyond such approximate dates. 7.4 If the Licensee is App in any country listed in Schedule 1, then that schedule shall also apply. Despite condition 1.6, in In the case of conflict or ambiguity between any provision contained in the body of this Licence and any provision contained in that schedule, the provision contained in the schedule shall prevail, but only in respect of the Licensee's your use of the Software App in that country. 7.5 7.4 This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Software App and Documentation. 7.5 This condition 7 shall survive termination or expiry of this Licence.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 7.1 8.1 Except as expressly stated in condition 7.28.2: 7.1.1 8.1.1 the Licensor shall not in any circumstances have any liability for any losses or damages which may be suffered by you (or any person claiming under or through you), whether the same are suffered directly or indirectly or are immediate or consequential, under or in connection with this Licence and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories: 7.1.1.1 8.1.1.1 special damage even if we were aware of the circumstances in which such special damage could arise; 7.1.1.2 8.1.1.2 loss of profits, sales, business, or revenue; 7.1.1.3 8.1.1.3 loss of anticipated savings; 7.1.1.4 8.1.1.4 loss of business opportunity; 7.1.1.5 8.1.1.5 loss of or damage to goodwill or reputation; 7.1.1.6 8.1.1.6 exemplary damages; 7.1.1.7 8.1.1.7 punitive damages; 7.1.1.8 8.1.1.8 costs of the procurement of substitute goods or services; 7.1.1.9 8.1.1.9 loss or corruption of data; and 7.1.2 8.1.2 the total aggregate liability of the Licensor, whether in contract, tort (including negligence) or otherwise and whether under or in connection with this Licence or any collateral contract, shall in no circumstances exceed 10% of the most recent Licence Fee paid by you under this Licence before the date on which the claim arose; and 7.1.3 8.1.3 you hereby agree that, in entering into this Licence, either you 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 you did rely on any representations, whether written or oral, not expressly set out in this Licence) that you shall have no remedy in respect of such representations and (in either case) the licensor shall have no liability in any circumstances otherwise than in accordance with the express terms of this Licence. 7.2 8.2 The exclusions in condition 6 and this condition 7 8 shall apply to the fullest extent permissible at law, but the Licensor does not exclude liability for: 7.2.1 8.2.1 death or personal injury caused by our negligence; 7.2.2 8.2.2 fraud or fraudulent misrepresentation; or 7.2.3 8.2.3 any liability which may not be excluded by applicable law. 7.3 8.3 All dates supplied by us for the delivery of the Software shall be treated as approximate only. We shall not in any circumstances be liable for any loss or damage arising from any delay in delivery beyond such approximate dates. 7.4 8.4 If the Licensee is in any country listed in Schedule 1, then that schedule shall also apply. Despite condition 1.6, in the case of conflict or ambiguity between any provision contained in the body of this Licence and any provision contained in that schedule, the provision contained in the schedule shall prevail, but only in respect of the Licensee's use of the Software in that country. 7.5 8.5 This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Software and Documentation.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. 7.1 Except as expressly stated 10.1 If we fail to comply with our obligations in condition 7.2:this XXXX, we will be responsible for loss or damage you suffer that is a foreseeable result of our failure, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this XXXX was made, both we and you knew it might happen. 7.1.1 the Licensor shall not 10.2 Nothing in any circumstances have any this XXXX will limit or exclude our liability for any losses liability that cannot be excluded or damages which may limited by law. This includes liability for: 10.2.1 death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors; or 10.2.2 for fraud or fraudulent misrepresentation. 10.3 We will not under any circumstances whatsoever be suffered by you (or any person claiming under or through liable to you), whether the same are suffered directly or indirectly or are immediate or consequential, under or in connection with this Licence and whether the same arise in contract, tort (including negligence) ), breach of statutory duty, or otherwise howsoeverotherwise, which fall within any of arising under or in connection with the following categoriesXXXX for: 7.1.1.1 special damage even if we were aware of the circumstances in which such special damage could arise; 7.1.1.2 10.3.1 loss of profits, sales, business, or revenue; 7.1.1.3 10.3.2 business interruption; 10.3.3 loss of anticipated savings; 7.1.1.4 10.3.4 loss or corruption of data or information; 10.3.5 loss of business opportunity; 7.1.1.5 loss of or damage to , goodwill or reputation; or 10.3.6 any incidental, indirect or consequential, special or punitive loss or damage. 10.4 We will not be liable to you for any loss arising out of, or which could have been avoided but for, any failure by you to: 10.4.1 keep full and up to date security copies of the Software and associated data; 7.1.1.6 exemplary damages10.4.2 follow any Installation instructions provided to you; 7.1.1.7 punitive damages10.4.3 follow our advice to Install an Update; 7.1.1.8 costs 10.4.4 have in place the minimum system requirements advised by us; 10.4.5 or any other failure by you to exercise reasonable skill and care in using the LabChart Lightning Solution. 10.5 If we are prevented or delayed from performing any of our obligations under this XXXX by reason of any act, default or omission of yours, then we will be deemed not to be in breach of any terms of this XXXX which it might otherwise be in breach of as a result of the procurement of substitute goods said act, default or services;omission. 7.1.1.9 loss or corruption of data; and 7.1.2 the total 10.6 If for some reason we are found to be liable to you, our maximum aggregate liability of the Licensor, under or in connection with this XXXX whether in contract, tort (including negligence) or otherwise and whether under or otherwise, will in connection with this Licence or any collateral contract, shall in no circumstances exceed 10% of the most recent Licence Fee paid by you under this Licence before the date on which the claim arose; and 7.1.3 you hereby agree that, in entering into this Licence, either you 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 you did rely on any representations, whether written or oral, not expressly set out in this Licence) that you shall have no remedy in respect of such representations and (in either case) the licensor shall have no liability in any circumstances otherwise than in accordance with the express terms of this Licence. 7.2 The exclusions in condition 6 and this condition 7 shall apply to the fullest extent permissible at law, but the Licensor does not exclude liability for: 7.2.1 death or personal injury caused by our negligence; 7.2.2 fraud or fraudulent misrepresentation; or 7.2.3 any liability which may not be excluded by applicable law. 7.3 All dates supplied by us for the delivery of the Software shall be treated as approximate only. We shall not in any all circumstances be liable for any loss or damage arising from any delay in delivery beyond such approximate dateslimited to 50 US Dollars. 7.4 If the Licensee is in any country listed in Schedule 1, then that schedule shall also apply. Despite condition 1.6, in the case of conflict or ambiguity between any provision contained in the body of this Licence and any provision contained in that schedule, the provision contained in the schedule shall prevail, but only in respect of the Licensee's use of the Software in that country. 7.5 This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Software and Documentation.