Limitation of Liability
This section sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and sub contractors) the the Customer:
- arising under or in connection with this agreement;
- in respect of any use made by the Customer of any of the Applications or any part of them; and
- in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
Except as expressly and specifically provided in this agreement:
- the Customer assumes sole responsibility for results obtained from the use of any of the Applications by the Customer, and for conclusions drawn from such use. The Supplier shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to the Supplier by the Customer in connection with any of the Applications, or any actions taken by the Supplier at the Customer's direction;
- all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement; and
- the Applications are provided to the Customer on an "as is" basis.
Nothing in this agreement excludes the liability of the Supplier:
- for death or personal injury caused by the Supplier's negligence; or
- for fraud or fraudulent misrepresentation.
Subject to the Terms set in Limitation of Liability section:
- the Supplier shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement; and
- the Supplier's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the aggregate amount of any Subscription Fees paid by the Customer to the Supplier during the 12 months immediately preceding the date on which the claim arose.
All references to “the Supplier” in this section shall, for the purposes of this section only, be treated as including all officers, employees, subcontractors and suppliers of the Supplier and its affiliates, all of whom shall have the benefit of the exclusions and limitations of liability set out in this clause.