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<br /> <br /> <br /> <br /> <br />Actuarial Services and Technology <br />Licensing Agreement <br /> <br /> Page 6 <br />8. LIMITATION OF LIABILITY <br />NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY <br />OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO <br />ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, <br />REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE <br />RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS <br />AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY <br />CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR <br />OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF <br />DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR <br />TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, <br />INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER <br />BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, <br />TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE <br />FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS <br />AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE <br />LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF <br />THE POSSIBILITY OF SUCH DAMAGES. <br /> <br />9. MISCELLANEOUS <br />If any provision of this Agreement is found to be unenforceable or invalid, that provision will be <br />limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain <br />in full force and effect and enforceable. This Agreement is not assignable, transferable or <br />sublicensable by Customer except with Company’s prior written consent. Company may not <br />transfer or assign any of its rights and obligations under this Agreement without Customer’s prior <br />written consent. This Agreement is the complete and exclusive statement of the mutual <br />understanding of the parties and supersedes and cancels all previous written and oral agreements, <br />communications and other understandings relating to the subject matter of this Agreement, and all <br />waivers and modifications in this Agreement must be in a writing signed by both parties, except as <br />otherwise provided herein. No agency, partnership, joint venture, or employment is created as a <br />result of this Agreement and Customer does not have any authority of any kind to bind Company <br />in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the <br />prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this <br />Agreement will be in writing and will be deemed to have been duly given when received, if <br />personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; <br />the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and <br />upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall <br />be governed by the laws of the State of California without regard to its conflict of laws provisions. <br />DocuSign Envelope ID: 78D3A626-AEAC-4461-AE01-ECB7F35A867EDocuSign Envelope ID: 979F4EA5-B4B7-42B9-9BBA-3AC34697934B