4.4. Liability

4.4.1. Visma is not responsible or liable for the Customer Data, including its content, ownership and legitimacy, nor for Use or other activities performed upon the Customer Data by the Customer or on behalf of the Customer, or otherwise outside the control of Visma.

4.4.2. If Visma is held responsible for the payment of compensation through a court-approved settlement or court-ruling c.f. 4.7.2 to the Customer as a result of breach of any of the obligations specified in the TOS, such compensation shall not under any circumstances include compensation for indirect or consequential losses or damages of any kind that arise as a result of or in connection with such a breach, including but not limited to any loss of Customer Data, production, revenue or profit or third party claims or governmental sanctions, even in the event Visma has been advised as to the possibility of such damages. Visma’s liability under the TOS is limited to direct damages, except as provided otherwise by mandatory provisions of law, such as damages caused by gross negligence or wilful misconduct.

4.4.3. Total, accumulated liability (including any refunds and compensations for direct losses and costs) during the Subscription Period for the Software shall in total not exceed an amount equalling 12 months’ Fees for the affected Software.

4.4.4. Neither Visma nor the Customer shall be liable for any delay or failure in performance arising out of or in connection with force majeure, including earthquake, riot, labour dispute, operations and legislation of and pertaining to the internet, and other events similarly outside the control of Visma or the Customer. In the event of legislation, directives or regulations pertaining to the Software or its delivery being changed, or new legislation or directives being passed after the Software have been made available in the market, which prevents Visma from fulfilling the instructions of the Customer or obligations under the TOS, and/ or which requires the suspension of the Software, in whole or in part, for a time limited period or indefinitely, this shall be considered a force majeure event.

4.4.5. Although Visma will exercise due care in providing secure transmission of information between the Customer and the Software, the Customer acknowledges that the internet is an open system and that Visma cannot and does not warrant or guarantee that third parties cannot or will not intercept or modify the Data. Visma accepts no liability for such misuse, disclosure or Data loss.