6.1

The liability which Induxx may incur derives from a reasonable effort obligation (inspanningsverbintenis/obligation de moyen) and the End User will have to provide proper proof of such liability.

6.2

Induxx will only be liable for damages which was directly caused by Induxx, this however limited to an amount of the Induxx Module cost, except in case of misconduct and fraud and this regardless whether the claim is based on a contractual or non- contractual basis.

6.3

The End User must inform Induxx in writing of any event which can engender Induxx’s liability or of each loss suffered by the End User, and this as soon as possible and at the latest fifteen (15) days from the onset of such event or loss, or, at least, from the moment the End User was aware or should have been aware of this event or loss. This must enable Induxx to determine the origin and causes of the detriments within a reasonable period of time. Failure to do so entitles Induxx to refuse any payment of damages and to reject any liability.

6.4

Is excluded from liability:

• The reimbursement by Induxx for all indirect or consequential damage, including financial or commercial losses, loss of profit, the increase in general costs, disturbance of the planning, loss of anticipated profits, loss of capital, loss of customers, lost opportunities, loss of data, loss of benefits, damage to and loss of files, etc., that result from the execution of this agreement.
• Damage caused by the fault or mistake of the End User.
• Reimbursement of all direct or indirect damage caused using the Induxx Software Product.
• Compensation for the damage that is wholly or partly cause by software or hardware provided or created by third parties, or by any other element of the End User’s business.
• All third-party claims directed against the End User.
• Social unrest, strikes, force majeure, act of third parties or all other circumstances beyond control of Induxx.
• Viruses in the system of the End User and the consequences thereof. The above limitations apply to the maximum extent permitted by Belgian Law.

6.5

Induxx is not liable for any claim concerning the infringement of intellectual property rights based on:

• The use of a modified or old version of (a part of) the developments, if the infringement could have been prevented by using the unmodified or most recent version made available by Induxx; or
• Information, designs, specifications, instructions, software, data or other materials which were not developed by Induxx.

6.6

The limits on liability of this article will apply regardless of the fact that End User informed Induxx of the existence of a real risk of damage. The Parties acknowledge that this constitutes a reasonable allocation of the risk.