As you can see, a disclaimer lists certain types of damages that are considered exceptional and non-refundable when the parties find themselves against each other in court. While there is a centuries-old debate about what these terms mean, here is a short-sighted explanation: since a limitation of liability clause generally favours the party who designed the agreement – usually the seller – it is particularly important to negotiate this part of the contract after careful consideration. In the area of information technology, liability clauses are generally included in contracts between two parties, including distribution agreements, software licensing agreements and service level agreements. For example, in a software license agreement, liability limitation is one of the most important clauses because it limits the amount and nature of damages that one party can recover from the other party. For example, if the software does not work and the company suffers damage, the limitation of liability limits the company`s ability to recover its loss. Not responsible for the damage. The limitation of liability usually begins with a disclaimer. The disclaimer is intended to limit the extent of liability to damages resulting directly and reasonably foreseeable from an offence (i.e., direct injury). Here is a fundamental liability exclusion for damages from a SaaS contract: Cap on Damages. After the disclaimer, there is usually a sentence on capping the total amount of damages for which a party could be liable under the contract. This is usually the center of gravity of limiting liability negotiations, because (in my opinion) it is the easiest part to understand for everyone. This is a fundamental ceiling for provisions for damages under a SaaS contract: the cap on damages must be absolute, which should be a consolation that, whatever happens, the maximum potential benefits can be linked to an agreed dollar amount. Global responsibility of consultants, executives, directors, partners, employees, agents and sub-advisors, the client and all persons who assert the rights of the client, by or under the client, in the overall responsibility of consultants, directors, directors, partners, collaborators, agents and sub-advisors to the client and anyone who makes claims , by or among the customer, for claims, losses, costs or damages that result from, or in any way, as part of this project or agreement, for any reason or reason.
, including negligence, malpractice and omissions, strict liability, infringement or breach of the warranty, may not exceed the total compensation received by Consultant or US$50,000, depending on the highest value.