8. Liability; restrictions on liability¶
If you have any ground to recover damages from KLAAS NIENHUIS then the total liability due to an attributable failure in the performance of the contract or on any legal basis whatsoever, including failure to fulfil a warranty obligation, shall be limited to compensation for direct loss up to the price stipulated for the agreement concerned (excl. VAT). In case of a continuing performance with a term of more than one year, the limitation of liability shall be set on the total amount of payments stipulated for one year. Therefore you can only recover direct damages up to the amount that you paid for the use of the software or for the rendered services. All liability shall be limited to Euro 15.000 or up to the amount that is, as the occasion arises, paid out by the insurer.
8.2. Losses and damages¶
In no instance whatsoever will KLAAS NIENHUIS be liable for trading losses, including damages due to lost profit or lost savings, or other indirect or consequential damages resulting from the use, the operation or the delivery of the software.
You indemnify KLAAS NIENHUIS, its officers and directors, against any and all claims, actions, losses, damages, liabilities, costs and expenses (including but not limited to reasonable lawyer’s fees and disbursements that are incurred by KLAAS NIENHUIS) deriving from or connected with your use of the software, whether or not in combination with material or content that you save or send if your use thereof: (a) infringes the intellectual property or publicity / privacy rights of third parties, (b) is in breach of the legislation or regulations, (c) is defamatory, libellous or unlawful, (d) is obscene or detrimental to minors, (e) contains viruses, Trojan horses, worms, time bombs, cancel bots or other computer software routines that are meant to cause damages or damaging influences, or (f) is essentially incorrect, inaccurate or misleading.
KLAAS NIENHUIS does not guarantee that the software is free of errors and functions without interruptions. Efforts shall be made to fix any errors within a reasonable time after written notification, but no guarantee can be given. If the software was developed on the instruction of you, KLAAS NIENHUIS may charge for the costs of fixing the errors against the usual hourly rates.
8.5. Data recovery¶
KLAAS NIENHUIS shall never be held to recover data that has been lost.