Co-working Spaces
Acceptance of Terms
The services Teapot Techies Pvt Ltd provides to you, are subject to the following Terms and Conditions(T&C) . Teapot Techies Pvt Ltd reserves the right to update the T&C at any time without prior notice to you.
*Teapot Techies Pvt Ltd membership does not create a tenancy but a prepaid usage licence to use the provided amenities on a monthly or casual basis.*
Description of Services
Teapot Techies Pvt Ltd may provide you with access to office space, workstations, Internet access, office equipment, conference space, knowledge resources, and other services. These services are always subject to the T&C.
No Unlawful or Prohibited Use
You warrant that you will not use the services in any shape or form for any purpose that is unlawful, prohibited or immoral or unethical in nature. You also warrant that you will not use the services in any manner that could damage, disable, overburden, or impair any Teapot Techies Pvt Ltd facilities, or interfere with any other party’s usage or access to such services.
You will not attempt to gain any un-authorised access to any services, or accounts, systems or networks connected to any Teapot Techies Pvt Ltd network or to any of the services, through hacking, password mining or any other means. You will not obtain or attempt to obtain any materials or information through any means not made available through the services opted by you nor should you post or download files that you know or should know are illegal or that you have no rights.
You hereby represent and warrant that you have all required legal power and authority to enter into contract and abide by the terms and conditions and no further authorisation or approval is necessary. You further represent and warrant that your participation or use of the services will not conflict with or result in any breach of any contract, license, agreement or other instrument or obligation to which you are a party.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to collect or track the personal information of others;
- to submit false or misleading information;
- to spam, phish, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
Renewals and Terminations
This Agreement is automatically renewed at the end of each period with consent of each party.
The T&C must be adhered to at all times. Failure to follow T&C can result in non-renewal or even early termination of the usage license. Teapot Techies Pvt Ltd reserves the right to terminate any or all of the services offered to you at any time without any notice, if you fail to comply with the T&C which includes non-payment or violation of the space rules. Teapot Techies Pvt Ltd will refund any amounts paid for unused periods that remain after deducting any pending charges, on a pro-rate basis.
Members may terminate this Agreement by giving a written notice of termination as established in this Agreement. Termination shall came in effect at the end of that calendar month. Should Member not provide timely notice of termination to Teapot Techies Pvt Ltd, the Membership Period shall continue to the end of the following calendar month and the service fees for that calendar month shall be payable.
Invoicing and Payment
The member is invoiced monthly in advance based on their membership. Payment shall be made on 1st of each month in advance.
Teapot Techies Pvt Ltd reserves the right to disclose any information collected
Your participation in and use of the services as Teapot Techies Pvt Ltd deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part in Teapot Techies Pvt Ltd sole discretion.
Confidentiality
You acknowledge and agree that during your participation in and use of the services, you may be exposed to confidential Information.
Confidential information may includes without limitation information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of The Coworking Space, any analyses, compilations, studies or other documents prepared by Teapot Techies Pvt Ltd or otherwise derived in any manner from the confidential Information that you are obliged to keep confidential or know or has reason to know should be treated as confidential.
Your participation in and/or use of the Services obligates you to :-
- maintain all Confidential Information in strict confidence;
- not to disclose Confidential Information to any third parties;
- not to use the Confidential Information in any way directly or indirectly determined to Teapot Techies Pvt Ltd or any participant or user of the Services.
All confidential information remains the sole and exclusive property of Teapot Techies Pvt Ltd or the respective disclosing party.
Participation in or Use of Services
You acknowledge that you are participating in or using the services at your own free will and decision. You acknowledge that Teapot Techies Pvt Ltd does not have any liability with respect to your access, participation in or use of the services, or any loss of information resulting from such participation or use.
Exclusion of Incidental, Consequential and Certain Other Damages
In no event shall Teapot Techies Pvt Ltd or its subsidiaries , affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care, negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Teapot Techies Pvt Ltd, and even if Teapot Techies Pvt Ltd has been advised of the possibility of such damages.
Disclaimer for Warranties; Limitation of Liability
Teapot Techies Pvt Ltd do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non infringement. In no case shall Teapot Techies Pvt Ltd , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licencors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Non-Disparagement
You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding The Teapot Techies Pvt Ltd Space, or any of Teapot Techies Pvt Ltd officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
Indemnification
You release, and hereby agree to indemnify, defend and save harmless Teapot Techies Pvt Ltd and it’s subsidiaries, affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgements, fines and penalties based upon or arising out of your negligent actions, errors and omissions, wilful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorney fees and costs incurred by Teapot Techies Pvt Ltd or its respective officers and agents in connection with the defence of such claim or lawsuit.
Severability
In the event that any provision or portion of this T&C is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
Software Services
By subscribing to the Odoo Enterprise services (the “Services”) provided by Odoo SA and its affiliates (collectively, “Odoo SA”) in relation with Odoo Enterprise Edition or Odoo Community Edition (the “Software”), hosted on Odoo SA’s Cloud platforms (the “Cloud Platform”) or on-premises (“Self-Hosting”), you (the “Customer”) are agreeing to be bound by the following terms and conditions (the “Agreement”).
Term of the Agreement
The duration of this Agreement (the “Term”) shall be specified in writing on conclusion of this Agreement, beginning on the date of conclusion. It is automatically renewed for an equal Term, unless either party provides a written notice of termination minimum 30 days before the end of the Term to the other party.
Definitions
User
Any user account indicated as active in the Software, with access to creation and/or edition mode. Deactivated user accounts and accounts used by external people (or systems) who only have limited access to the Software through the portal facilities (known as “portal Users”) are not counted as Users.
App
An “App” is a specialized group of features available for installation in the Software.
Odoo Partner
An Odoo Partner is a third-party company or individual, chosen by the Customer, and working with the Customer for their Odoo related services. The Customer can decide at any time to work with a different Odoo Partner, or to work with Odoo SA directly (subject to prior notice).
Extra Module
An extra module is a directory of source code files, or a set of Python-based customizations created in a database (e.g. with Odoo Studio), that adds features or changes the standard behavior of the Software. It may have been developed by the Customer, by Odoo SA, by an Odoo Partner on behalf of the Customer, or by third parties.
Covered Extra Module
A Covered Extra Module is an Extra Module for which the Customer chooses to pay a maintenance fee in order to get support, upgrade and bug fixing services.
Bug
Is considered a Bug any failure of the Software or of a Covered Extra Module that results in a complete stop, error traceback or security breach, and is not directly caused by a defective installation or configuration. Non-compliance with specifications or requirements will be considered as Bugs at the discretion of Odoo SA (typically, when the Software does not produce the results or performance it was designed to produce, or when a country-specific feature does not meet legal accounting requirements anymore).
Covered Versions
Unless specified otherwise, the Services provided under this Agreement are applicable only to the Covered Versions of the Software, which include the 3 most recently released major versions.
Subscription Plan
A Subscription Plan defines a set of Apps, features and hosting solutions covered by this Agreement, and is defined in writing at the conclusion of this Agreement.
Access to the Software
The Customer can use the Software hosted on the Cloud Platform, or choose the Self-Hosting option. The Cloud Platform is hosted and fully managed by Odoo SA, and accessed remotely by the Customer. With the Self-Hosting option, the Customer instead hosts the Software on computer systems of their choice, that are not under the control of Odoo SA.
For the duration of this Agreement, Odoo SA gives the Customer a non-exclusive, non-transferable license to use (execute, modify, execute after modification) the Odoo Enterprise Edition software, under the terms set forth in 9 Appendix A: Odoo Enterprise Edition License.
The Customer agrees to take all necessary measures to guarantee the unmodified execution of the part of the Software that verifies the validity of the Odoo Enterprise Edition usage and collects statistics for that purpose, including but not limited to the running of an instance, the number of Users, the installed Apps, and the number of lines of code of Covered Extra Modules.
Odoo SA commits not to disclose individual or named figures to third parties without the consent of the Customer, and to deal with all collected data in compliance with its official Privacy Policy, published at https://www.odoo.com/privacy.
Upon expiration or termination of this Agreement, this license is revoked immediately and the Customer agrees to stop using the Odoo Enterprise Edition software and the Cloud Platform.
Should the Customer breach the terms of this section, the Customer agrees to pay Odoo SA an extra fee equal to 300% of the applicable list price for the actual number of Users.
Services
Bug Fixing Service
For the duration of this Agreement, Odoo SA commits to making all reasonable efforts to remedy any Bug of the Software and Covered Extra Modules submitted by the Customer through the appropriate channel (typically, the web form or phone numbers listed on odoo.com/help, or when working with an Odoo Partner, the channel provided by the partner), and to start handling such Customer submissions within 2 business days.
As soon as the Bug is fixed an appropriate remedy will be communicated to the Customer. If the Customer is using a Covered Version, they will not be asked to upgrade to a more recent Covered Version of the Software as a remedy to a Bug.
When a Bug is fixed in any Covered Version, Odoo SA commits to fixing the Bug in all more recent Covered Versions of the Software.
Both parties acknowledge that as specified in the license of the Software and in the 7.3 Limitation of Liability section of this Agreement, Odoo SA cannot be held liable for Bugs in the Software or in Covered Extra Modules.
Security Updates Service
Self-Hosting
For the duration of this Agreement, Odoo SA commits to sending a “Security Advisory” to the Customer for any security Bug that is discovered in the Covered Versions of the Software (this excludes Extra Modules), at least 2 weeks before making the Security Advisory public, unless the Bug has already been disclosed publicly by a third party. Security Advisories include a complete description of the Bug, its cause, its possible impacts on the Customer’s systems, and the corresponding remedy for each Covered Version.
The Customer understands that the Bug and the information in the Security Advisory must be treated as Confidential Information as described in 6.4 Confidentiality during the embargo period prior to the public disclosure.
Cloud Platform
Odoo SA commits to apply the security remedies for any security Bug discovered in a version of the Software hosted on the Cloud Platform, on all systems under its control, as soon as the remedy is available, without requiring any manual action of the Customer.
Upgrade Services
Upgrade Service for the Software
For the duration of this Agreement, the Customer can submit upgrade requests through the appropriate channel (typically Odoo SA’s upgrade service website), in order to convert a database of the Software from any version of the Software to a more recent Covered Version (the “Target Version”).
For the Cloud Platform, upgrade requests are submitted directly from the control panel of the Cloud Platform, and do not require any data upload. For Self-Hosting, upgrade requests must include a copy of the Customer’s database and the associated data (typically obtained from the Backup menu of the Software).
This service provided through an automated platform in order to allow the Customer to perform unattended upgrades once a previous version of the Customer’s database has been successfully upgraded for a Covered Version.
The Upgrade Service is limited to the technical conversion and adaptation of the Customer’s database to make it compatible with the Target Version, the correction of any Bug directly caused by the upgrade operation and not normally occurring in the Target Version, and the conversion of the source code and data of Covered Extra Modules for the Target Version.
It is the responsibility of the Customer to verify and validate the upgraded database in order to detect Bugs, to analyze the impact of changes and new features implemented in the Target Version, and to convert and adapt for the Target Version any third-party extensions of the Software that were installed in the database before the upgrade (e.g. non-convered Extra Modules). The Customer may submit multiple upgrade requests for a database, until an acceptable result is achieved.
Cloud Hosting Services
For the duration of this Agreement, when the Customer chooses to use the Cloud Platform, Odoo SA commits to providing at least the following services:
Choice of multiple hosting regions (minimum 3: Europe, America, Asia/Pacific)
Hosting in Tier-III data centers or equivalent, with 99.9% network uptime
Grade A SSL (HTTPS) Encryption of communication
Fully automated, verified backups, replicated in multiple regions
Disaster Recovery Plan, tested regularly
The details of the Cloud Hosting Services are described on the Service Level Agreement page at https://www.odoo.com/cloud-sla.
Support Services
Scope
For the duration of this Agreement, the Customer may open an unlimited number of support tickets free of charge, exclusively for questions regarding Bugs (see 4.1 Bug Fixing Service) or guidance with respect to the use of the standard features of the Software and Covered Extra Modules.
Other assistance requests, such as questions related to development or customizations may be covered through the purchase of a separate service agreement. In case it’s not clear if a request is covered by this Agreement, the decision is at the discretion of Odoo SA.
Availability
Tickets can be submitted via the web form or phone numbers listed on odoo.com/help, or when working with an Odoo Partner, the channel provided by the partner, subject to local opening hours.
Working with an Odoo Partner
For bug fixes, support and upgrade services, the Customer may either work with an Odoo Partner as the main point of contact, or work with Odoo SA directly.
If the Customer decides to work with an Odoo Partner, Odoo SA will subcontract services related to the Covered Extra Modules to the Odoo Partner, who becomes the main point of contact of the customer. The Odoo Partner may contact Odoo SA on behalf of the customer for second-level assistance with regard to standard features of the Software.
If the Customer decides to work with Odoo SA directly, services related to Covered Extra Modules are provided if and only if the Customer is hosted on the Odoo Cloud Platform.
Charges and Fees
Standard charges
The standard charges for the Odoo Enterprise subscription and the Services are based on the number of Users and the Subscription Plan used by the Customer, and specified in writing at the conclusion of the Agreement.
When during the Term, the Customer has more Users or uses features that require another Subscription Plan than specified at the time of conclusion of this Agreement, the Customer agrees to pay an extra fee equivalent to the applicable list price (at the time of the deviation from the specified number of Users or Subscription Plan) for the additional Users or the required Subscription Plan, for the remainder of the Term.
In addition, services for Covered Extra Modules are charged based on the number of lines of code in these modules. When the Customer opts for the maintenance of Covered Extra Modules, the charge is a monthly fee per 100 lines of code (rounded up to the next hundred), as specified in writing at the conclusion of the Agreement. Lines of code will be counted with the cloc command of the Software, and include all text lines in the source code of those modules, regardless of the programming language (Python, Javascript, XML, etc.), excluding blank lines, comment lines and files that are not loaded when installing or executing the Software.
When the Customer requests an upgrade, for each Covered Extra Module that has not been covered by a maintenance fee for the last 12 months, Odoo SA may charge a one-time extra fee for each missing month of coverage.
Renewal charges
Upon renewal as covered in section 1 Term of the Agreement, if the charges applied during the previous Term are lower than the most current applicable list price, these charges will increase by up to 7%.
Taxes
All fees and charges are exclusive of all applicable federal, provincial, state, local or other governmental taxes, fees or charges (collectively, “Taxes”). The Customer is responsible for paying all Taxes associated with purchases made by the Customer under this Agreement, except when Odoo SA is legally obliged to pay or collect Taxes for which the Customer is responsible.
Conditions of Services
Customer Obligations
The Customer agrees to:
pay Odoo SA any applicable charges for the Services of the present Agreement, in accordance with the payment conditions specified at the signature of this contract ;
immediately notify Odoo SA when their actual number of Users exceeds the number specified at the conclusion of the Agreement, and in this event, pay the applicable additional fee as described in section 5.1 Standard charges;
take all measures necessary to guarantee the unmodified execution of the part of the Software that verifies the validity of the Odoo Enterprise Edition usage, as described in 3 Access to the Software ;
appoint 1 dedicated Customer contact person for the entire duration of the Agreement;
provide written notice to Odoo SA 30 days before changing their main point of contact to work with another Odoo Partner, or to work with Odoo SA directly.
When the Customer chooses to use the Cloud Platform, the Customer further agrees to:
take all reasonable measures to keep their user accounts secure, including by choosing a strong password and not sharing it with anyone else;
make a reasonable use of the Hosting Services, to the exclusion of any illegal or abusive activities, and strictly observe the rules outlined in the Acceptable Use Policy published at https://www.odoo.com/acceptable-use.
When the Customer chooses the Self-Hosting option, the Customer further agrees to:
take all reasonable measures to protect Customer’s files and databases and to ensure Customer’s data is safe and secure, acknowledging that Odoo SA cannot be held liable for any data loss;
grant Odoo SA the necessary access to verify the validity of the Odoo Enterprise Edition usage upon request (e.g. if the automatic validation is found to be inoperant for the Customer).
No Soliciting or Hiring
Except where the other party gives its consent in writing, each party, its affiliates and representatives agree not to solicit or offer employment to any employee of the other party who is involved in performing or using the Services under this Agreement, for the duration of the Agreement and for a period of 12 months from the date of termination or expiration of this Agreement. In case of any breach of the conditions of this section that leads to the termination of said employee toward that end, the breaching party agrees to pay to the other party an amount of EUR (€) 30 000.00 (thirty thousand euros).
Publicity
Except where notified otherwise in writing, each party grants the other a non-transferable, non-exclusive, royalty free, worldwide license to reproduce and display the other party’s name, logos and trademarks, solely for the purpose of referring to the other party as a customer or supplier, on websites, press releases and other marketing materials.
Confidentiality
Definition of “Confidential Information”:
All information disclosed by a party (the “Disclosing Party”) to the other party (the “Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. In particular any information related to the business, affairs, products, developments, trade secrets, know-how, personnel, customers and suppliers of either party should be regarded as confidential.
For all Confidential Information received during the Term of this Agreement, the Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own similar Confidential Information, but not less than reasonable care.
The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure, to the extent permitted by law.
Data Protection
Definitions
“Personal Data”, “Controller”, “Processing” take the same meanings as in the Regulation (EU) 2016/679 and the Directive 2002/58/EC, and any regulation or legislation that amends or replaces them (hereafter referred to as “Data Protection Legislation”)
Processing of Personal Data
The parties acknowledge that the Customer’s database may contain Personal Data, for which the Customer is the Controller. This data will be processed by Odoo SA when the Customer instructs so, by using any of the Services that require a database (e.g. the Cloud Hosting Services or the Database Upgrade Service), or if the Customer transfers their database or a part of their database to Odoo SA for any reason pertaining to this Agreement.
This processing will be performed in conformance with Data Protection Legislation. In particular, Odoo SA commits to:
(a) only process the Personal Data when and as instructed by the Customer, and for the purpose of performing one of the Services under this Agreement, unless required by law to do so, in which case Odoo SA will provide prior notice to the Customer, unless the law forbids it ;
(b) ensure that all persons within Odoo SA authorised to process the Personal Data have committed themselves to confidentiality ;
(c) implement and maintain appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure ;
(d) forward promptly to the Customer any Data Protection request that was submitted to Odoo SA with regard to the Customer’s database ;
(e) notify the Customer promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data ;
(f) notify the Customer if the processing instructions infringe applicable Data Protection Legislation, in the opinion of Odoo SA;
(g) make available to the Customer all information necessary to demonstrate compliance with the Data Protection Legislation, allow for and contribute reasonably to audits, including inspections, conducted or mandated by the Customer;
(h) permanently delete all copies of the Customer’s database in possession of Odoo SA, or return such data, at the Customer’s choice, upon termination of this Agreement, subject to the delays specified in Odoo SA’s Privacy Policy ;
With regard to points (d) to (f), the Customer agrees to provide Odoo SA with accurate contact information at all times, as necessary to notify the Customer’s Data Protection responsible.
Subprocessors
The Customer acknowledges and agrees that in order to provide the Services, Odoo SA may use third-party service providers (Subprocessors) to process Personal Data. Odoo SA commits to only use Subprocessors in compliance with Data Protection Legislation. This use will be covered by a contract between Odoo SA and the Subprocessor that provides guarantees to that effect. Odoo SA’s Privacy Policy, published at https://www.odoo.com/privacy provides up-to-date information regarding the names and purposes of Subprocessors currently in use by Odoo SA for the execution of the Services.
Termination
In the event that either Party fails to fulfill any of its obligations arising herein, and if such breach has not been remedied within 30 calendar days from the written notice of such breach, this Agreement may be terminated immediately by the non-breaching Party.
Further, Odoo SA may terminate the Agreement immediately in the event the Customer fails to pay the applicable fees for the Services within 21 days following the due date specified on the corresponding invoice, and after minimum 3 reminders.
Surviving Provisions:
The sections “6.4 Confidentiality”, “7.2 Disclaimers”, “7.3 Limitation of Liability”, and “8 General Provisions” will survive any termination or expiration of this Agreement.
Disclaimers
Except as expressly provided herein, neither party makes any warranty of any kind, whether express, implied, statutory or otherwise, and each party specifically disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by applicable law.
Odoo SA does not warrant that the Software complies with any local or international law or regulations.
Limitation of Liability
To the maximum extent permitted by law, the aggregate liability of each party together with its affiliates arising out of or related to this Agreement will not exceed 50% of the total amount paid by the Customer under this Agreement during the 12 months immediately preceding the date of the event giving rise to such claim. Multiple claims shall not enlarge this limitation.
In no event will either party or its affiliates be liable for any indirect, special, exemplary, incidental or consequential damages of any kind, including but not limited to loss of revenue, profits, savings, loss of business or other financial loss, costs of standstill or delay, lost or corrupted data, arising out of or in connection with this Agreement regardless of the form of action, whether in contract, tort or otherwise, even if a party or its affiliates have been advised of the possibility of such damages, or if a party or its affiliates’ remedy otherwise fails of its essential purpose.
Force Majeure
Neither party shall be liable to the other party for the delay in any performance or failure to render any performance under this Agreement when such failure or delay finds its cause in a case of force majeure, such as governmental regulations, fire, strike, war, flood, accident, epidemic, embargo, appropriation of plant or product in whole or in part by any government or public authority, or any other cause or causes, whether of like or different nature, beyond the reasonable control of such party as long as such cause or causes exist.