Aptean Evidence

English-law liability cap is the greater of twelve months fees or first Order Form fees

Catalog row in Vendor License Evidence · Cited

Kind: Contract excerpt
Excerpt: "EXCEPT FOR PERSONAL INJURY OR DEATH CAUSED BY LICENSOR OR LICENSOR RELATED PARTIES’ NEGLIGENCE AND SUBJECT TO 7(d) BELOW, IN NO EVENT SHALL LICENSOR’S OR LICENSOR RELATED PARTIES’ AGGREGATE, CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF THE AGGREGATE PAYMENTS MADE BY CUSTOMER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO SUCH CLAIM AND THE FEES PAID OR PAYABLE UNDER THE FIRST ORDER FORM."
Locator: UK MSA section 7(b)
Applies to: English-law liability cap is the greater of twelve months fees or first Order Form fees
Supports rules: English-law liability cap is the greater of twelve months fees or first Order Form fees
Sources: Aptean Master Solution Agreement (English law)