Laserfiche WebLink
12.1 Risks Inherent to Internet.Client acknowledges that:(a)the Internet is a <br />worldwide network of computers;(b)communication on the Internet may not be secure;(c)the <br />Internet is beyond LIV’s control;and (d)LIV does not own,operate or manage the Internet. <br />Client also acknowledges that there are inherent risks associated with using Vault and the <br />Services,including the risk of breach of security,the risk of exposure to computer viruses and <br />the risk of interception,distortion,or loss of communications.Client assumes the general risks <br />arising from utilization of the internet knowingly and voluntarily.Without limiting the foregoing, <br />Client hereby assumes the risk of,and LIV will have no responsibility or liability of any kind <br />under this Agreement for:(1)errors in Vault or the Services resulting from misuse,negligence, <br />revision,modification,or improper use of all or any part of Vault or the Services by any entity <br />other than LIV or its authorized representatives,employees,contractors,or consultants;(2) <br />Client ’s use of any version of Vault other than the then-current unmodified version provided to <br />Client;(3)Client ’s failure to timely or correctly install any updates to Vault;(4)problems caused <br />by connecting or failure to connect to the Internet;(5)failure to provide and maintain the <br />technical and connectivity configurations for the use and operation of Vault that meet LIV’s <br />recommended requirements;(6)nonconformities resulting from or problems to or caused by <br />non-LIV products <br />MASTER SERVICES AGREEMENT -12 <br />56428.0002.14325562.1 <br />or services;or (7)data or data input,output,accuracy,and suitability,which will be deemed to <br />be under Client ’s exclusive control.The assumption of risk stated in clause (1)of the preceding <br />sentence will only apply if LIV has taken commercially reasonable steps to prevent and safeguard <br />against the types of errors listed in that clause (1). <br />12.2 Exclusion of Certain Damages;Limitation of Liability.IN NO EVENT WILL LIV BE <br />LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE <br />THEORY,INCLUDING BREACH OF CONTRACT,TORT (INCLUDING NEGLIGENCE),STRICT LIABILITY, <br />AND OTHERWISE,FOR ANY:(a)CONSEQUENTIAL,INCIDENTAL,INDIRECT,EXEMPLARY,SPECIAL, <br />ENHANCED,OR PUNITIVE DAMAGES;(b)INCREASED COSTS,DIMINUTION IN VALUE OR LOST <br />BUSINESS,PRODUCTION,REVENUES,OR PROFITS;(c)LOSS OF GOODWILL OR REPUTATION;(d) <br />USE,INABILITY TO USE,LOSS,INTERRUPTION,DELAY OR RECOVERY OF ANY DATA,OR BREACH <br />OF DATA OR SYSTEM SECURITY;OR (e)COST OF REPLACEMENT GOODS OR SERVICES,IN EACH <br />CASE REGARDLESS OF WHETHER LIV WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR <br />DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. <br />12.3 Exceptions.The exclusions and limitations in Section 12.2 do not apply to:(a) <br />damages or other liabilities arising out of or relating to a party’s failure to comply with its <br />obligations under Section 8 (Confidential Information);(b)damages or other liabilities arising <br />out of or relating to a party ’s willful misconduct or intentional acts;(c)Third-Party Actions for <br />death or bodily injury or damage to real or tangible personal property resulting from a party ’s <br />willful or grossly negligent acts or omissions;and (d)a party’s obligation to pay attorneys’fees <br />and court costs in accordance with Section 14.5. <br />SECTION 13.FORCE MAJEURE <br />Page 132 of 211