SeriousLiability is uncapped for a data breach

Every other agreement in this set caps liability at the fees paid in the preceding twelve months. This one carves out data breaches from the cap entirely.

What to doAsk for the carve-out to be capped at three times annual fees, which is what Nexon agreed to in July.

Worth a lookNothing says whether the agreement can be assigned

Silence usually means it can be assigned freely, but that depends on which law governs, and clause 14 points at India.

NoteThe signature page is dated before the term startsSet aside