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Limitation of Liability

1.1 Sci-Ryder will not be liable in terms of the Agreement for any damage suffered by the Purchaser or any third party which arises out of any negligent act or omission of Sci-Ryder or its consultants.

1.2 Sci-Ryder will not be liable in terms of the Agreement for an amount which is more than the revenue received from the Purchaser for any consequential or direct damage suffered by the Purchaser which arises out of or is pursuant to any gross negligent or wilful act or omission of Sci-Ryder or its consultants. The amount of revenue received by Sci-Ryder, for the purpose of this clause, will be the revenue received, in terms of the Agreement, from the Purchaser up to the date on which the cause of action arose.

1.3 Sci-Ryder will not be liable to the Purchaser for any claim, whether for any damages made by the Purchaser or any third party, unless the claim is made within three months after the cause of action arose.

1.4 In the event where any third party is successful in any claim against Sci-Ryder, which exceeds Sci-Ryder’s liability, in terms of this Agreement, or where Sci-Ryder has not been notified of the existence of such a claim within three months after the cause of action arose, then the Purchaser, by entering into this Agreement, indemnifies Sci-Ryder, and will reimburse Sci-Ryder, on demand, for all payments, damages and costs (including, but not limited to legal fees on attorney and client scale). Sci-Ryder will immediately, once such a claim has been brought against it, advise the Purchaser.

1.5 Save for the warranty of the Product, Sci-Ryder assumes no liability or obligations in respect of maintenance or support of the Product.

1.6 Sci-Ryder accepts no responsibility for any death, injury or illness sustained or suffered by any person or damage to any property occurring within or arising from use of the Product howsoever caused, and whether allegedly due to the negligence of Sci-Ryder orany of its officers or employees or agents.

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