Please Note
Copyright
This document refers to proprietary computer software which is protected by copyright. All rights are reserved. Copying or other reproduction of this manual or the related programs is prohibited without prior written consent of DHI A/S (hereinafter referred to as “DHI”). For details please refer to your 'DHI Software Licence Agreement'.
Limited Liability
The liability of DHI is limited as specified in your DHI Software Licence Agreement:
In no event shall DHI or its representatives (agents and suppliers) be liable for any damages whatsoever including, without limitation, special, indirect, incidental or consequential damages or damages for loss of business profits or savings, business interruption, loss of business information or other pecuniary loss arising in connection with the Agreement, e.g. out of Licensee's use of or the inability to use the Software, even if DHI has been advised of the possibility of such damages.
This limitation shall apply to claims of personal injury to the extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of liability for consequential, special, indirect, incidental damages and, accordingly, some portions of these limitations may not apply.
Notwithstanding the above, DHI's total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with the Agreement shall in aggregate during the term not exceed the lesser of EUR 10.000 or the fees paid by Licensee under the Agreement during the 12 months' period previous to the event giving rise to a claim.
Licensee acknowledge that the liability limitations and exclusions set out in the Agreement reflect the allocation of risk negotiated and agreed by the parties and that DHI would not enter into the Agreement without these limitations and exclusions on its liability. These limitations and exclusions will apply notwithstanding any failure of essential purpose of any limited remedy.