Liability

Simonsoft will use all reasonable skills and care in performing this Agreement. Simonsoft agrees, to use its best efforts, to provide reasonable security data protection throughout all Devices and users that have subscribed to the Services. In any circumstances, Simonsoft is not liable in case of unauthorized access to Client’s Devices, content, or data through the use of Simonsoft Services unless the unauthorized access was caused by Simonsoft’s failure to perform its obligations under this Agreement.

The total compensation, for which Simonsoft may be liable with regard to the Services and by virtue of its contractual and/or extra contractual liability, may not, under any circumstances, exceed the total invoice amount of the last 6 months, before the event giving rise to the damages has occurred.

Simonsoft shall not, in any circumstance, be liable for any increased costs nor expenses, loss of profit, business contracts, revenues nor expected savings nor any special, indirect nor consequential damage whatsoever arising out of this Agreement. As indirect losses or damages will be considered, without being limited hereto: financial or commercial losses, loss of earnings, increased overhead costs, disruption of planning, loss of anticipated profits, customers or savings.

This limitation of liability does not affect the liability of Simonsoft regarding the Services Levels, as described after. The remedies given in the Service Levels are the Client’s only remedies for Simonsoft’s failure to meet the agreed Service Levels.

The Client agrees to indemnify, defend and hold Simonsoft affiliates, Simonsoft distributor and Simonsoft staff harmless from and against any and all liability and costs, including reasonable attorneys' fees incurred by such parties, in connection with or arising out of (a) any violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein by the Client or a User, or (b) any violation by the Client or a User of any rights of any third party, or (c) use or misuse of the Service by the Client or a User.

Nothing in this Agreement excludes or limits Simonsoft’s liability for fraudulent misrepresentation or for death or personal injury caused by its negligence. Except for the warranties given in this Agreement, all implied or other warranties are excluded to the extent Simonsoft is legally able to do so.

THE SERVICES ARE PROVIDED AS IS WITH ALL FAULT AND WITH NO WARRANTIES WHATSOEVER; IN THE DEVELOPMENT PROCESS, Simonsoft DID ITS BEST TO PROVIDE THE SERVICES AS DESCRIBED IN THE DOCUMENTATION; HOWEVER, Simonsoft DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR A PARTICULAR PURPOSE.

As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply. In such event Simonsoft’s liability will be limited as far as legally possible under the applicable legislation.