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Purepage Server
4.0 User Guide
4.4 Subject to clause 4.3, except as expressly stated in this clause and to the extent
permitted by law, Inzone excludes liability to any person for and in relation to any
loss, damage, or expense arising out of the use by that person of the Software or
reliance upon the Software in any way, including without limitation, loss of profits or
loss of business opportunities, and any other direct , indirect, incidental, special or
consequential loss or damages, lost profits or lost business opportunities, even if
Inzone has been advised of the possibility of such damages.
4.5 Subject to clause 4.3 and to the extent permitted by law, the maximum aggregate
liability of Inzone under or relating to this agreement or its subject matter whether in
contract, tort (including without limitation negligence), in equity, under statute, under
indemnities or on any other basis, is limited to an amount equal to one quarter of the
Software License Fee paid by Client under this agreement.
4.6 If a court finds that Inzone has a liability to pay Client damages in circumstances
where Client or a third party has contributed to Client's loss, the damages Inzone has
to pay, calculated in accordance with this Agreement, will be reduced so far as the law
permits to the amount which would be payable by Inzone if:
(a) the defense of contributory negligence applied to a claim based on breach of
contract;
(b) Client had not agreed to exempt or limit the liability of anyone other than Inzone;
and
(c) Client joined every person who contributed to Client's loss and Inzone or the
Client obtained an order for contribution against each of them and they paid Client the
full amount of their contribution.
4.7 For the avoidance of doubt, Inzone is not required under this agreement to provide
any warranty or support services to Client in respect of the Software.
5. INDEMNITIES
5.1 The Software is provided solely for Client's benefit and use in accordance with the
terms of this agreement. Inzone accepts no liability or responsibility to any third party
who benefits from or gains access to the Software as a result of any breach by Client
of any of Client's obligations under this agreement. Client agrees to indemnify Inzone
against any liabilities, losses, expenses or other costs (including, but not limited to,
legal fees) Inzone, Inzone affiliates or Inzone related entities or their respective
directors, partners and employees incur in connection with any claims by such third
parties against Inzone, Inzone affiliates or Inzone related entities or their respective
directors, partners and employees.
5.2 Client agrees to indemnify Inzone, Inzone affiliates and Inzone related entities and
their respective directors, partners and employees against any liabilities, losses,
expenses or other costs (including, but not limited to, legal fees) arising out of or
relating to any wilful, negligent or unlawful act or omission of, or breach of this
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