RIGHTS
7.1
THE INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE, THE RELATED
DOCUMENTATION AND ANY OTHER SOFTWARE PROVIDED TO THE CONTENT CLIENT BY
NETDIMENSIONS UNDER THIS AGREEMENT (INCLUDING ANY MODIFICATIONS, ALTERATIONS OR
ADDITIONS MADE AT THE REQUEST OF THE CONTENT CLIENT TO THE SOFTWARE) SHALL BE
OWNED BY NETDIMENSIONS.
8 WARRANTY
8.1
NETDIMENSIONS WARRANTS THAT:
8.1.1 IT HAS FULL TITLE TO AND OWNERSHIP OF THE SOFTWARE AND HAS FULL POWER AND
AUTHORITY TO ENTER INTO THIS AGREEMENT; AND
8.1.2 THE SOFTWARE LICENSED AND DELIVERED PURSUANT TO THIS AGREEMENT SHALL
PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE RELATED DOCUMENTATION FOR SUCH
VERSION FOR A PERIOD OF 90 DAYS FROM THE COMMENCEMENT DATE.
8.2
EXCEPT AS SET OUT IN CLAUSE 8.1 AND TO THE EXTENT PERMITTED BY LAW,
NETDIMENSIONS EXCLUDES ALL OTHER REPRESENTATIONS AND WARRANTIES (EXPRESS OR
IMPLIED) REGARDING THE SOFTWARE AND RELATED DOCUMENTATION, INCLUDING BUT NOT
LIMITED TO, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
8.3
IF THE CONTENT CLIENT DISCOVERS A MATERIAL ERROR IN THE SOFTWARE
WHICH SUBSTANTIALLY AFFECTS THE CONTENT CLIENT'S USE OF IT AND NOTIFIES
NETDIMENSIONS OF THE ERROR WITHIN 90 DAYS FROM THE COMMENCEMENT DATE,
NETDIMENSIONS SHALL AT ITS SOLE OPTION EITHER REFUND THE LICENSE FEE OR USE
REASONABLE ENDEAVOURS TO CORRECT BY FREE UPDATE OR UPGRADE THAT PART OF THE
SOFTWARE WHICH DOES NOT COMPLY, PROVIDED THAT THE NON-COMPLIANCE HAS NOT BEEN
CAUSED BY ANY MODIFICATION, VARIATION OR ADDITION TO THE SOFTWARE NOT PERFORMED
BY NETDIMENSIONS, OR CAUSED BY ITS INCORRECT USE, ABUSE OR CORRUPTION OF THE
SOFTWARE, OR BY USE OF THE SOFTWARE WITH OTHER SOFTWARE OR ON EQUIPMENT OTHER
THAN NETDIMENSIONS SUPPORTED HARDWARE AND SOFTWARE CONFIGURATIONS AS AGREED AT
THE TIME OF SIGNING THIS AGREEMENT OR ON A SERVER IP ADDRESS OTHER THAN THE
DESIGNATED SERVER IP ADDRESS OR AT SITES OTHER THAN THE DESIGNATED SITE.
8.4
THE CONTENT CLIENT ACKNOWLEDGES THAT SOFTWARE IN GENERAL IS NOT
ERROR-FREE AND THAT NETDIMENSIONS GIVES NO WARRANTY THAT THE SOFTWARE OR RELATED
DOCUMENTATION WILL BE UNINTERRUPTED OR ERROR-FREE.
9 LIMITATION OF LIABILITY
9.1
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH
OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF ANY OF THE PARTIES OR ITS
EMPLOYEES WHILE ACTING IN THE COURSE OF THEIR EMPLOYMENT.
9.2
SUBJECT TO CLAUSE 9.1, NETDIMENSIONS' ENTIRE AGGREGATE LIABILITY TO
THE CONTENT CLIENT FOR ANY LOSS OR DAMAGE ARISING FROM ANY ACT OR OMISSION
RELATING TO THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT
OR TORT (INCLUDING IN EACH CASE NEGLIGENCE), STRICT LIABILITY OR OTHERWISE,
SHALL BE LIMITED IN ANY ONE PERIOD OF 12 MONTHS AFTER THE COMMENCEMENT DATE TO
PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE LICENSE FEE PAID IN RESPECT
OF THAT 12 MONTHS.
9.3
NETDIMENSIONS SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO THE
CONTENT CLIENT FOR ANY LOSS OF REVENUE, BUSINESS, CONTRACTS, ANTICIPATED
SAVINGS, PROFITS, DATA OR INFORMATION, OR ANY INDIRECT OR CONSEQUENTIAL LOSS
WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT OR HOWSOEVER.
9.4
EXCEPT AS EXPRESSLY