Our total liability to you. Subject to clauses 8.1 and 8.2, above, our total liability to you and your sponsor whether under this agreement or otherwise (including statutory duty) will not exceed the amount you or your sponsor have paid to us under the terms of the agreement.
Our total liability to you. To the maximum extent permitted by law the Licensor, (its parents, subsidiaries and affiliates including our directors, employees, contractors and agents as well as our partners, licensors and suppliers), exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any loss or damages, (including but without limitation to any direct, indirect, special, consequential, punitive or incidental) of profits; data or other intangibles; to goodwill or reputation; costs of substitute goods and services; denial-of-service attacks, to computer equipment, software or viruses; arising out of or related to the use, inability to use, delay in operation or transmission, interruption, performance or failures of the Application and/or Services, irrespective of whether such loss or damages were foreseeable, arising in contract, tort (including negligence) or otherwise. Nothing in this Licence excludes or limits the Licensor’s liability for death or personal injury arising from negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. The Licensor’s total liability to the Partner in respect of all other losses arising out of or in connection with this Licence, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total Licence Fee paid or payable by the Licensor in the preceding twelve (12) months
