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Kaspersky Anti-Virus for Microsoft Exchange Server
6. Limited Warranty.
(i) Kaspersky Lab warrants that for six (6) months from first download or
installation the Software purchased on a physical medium will perform
substantially in accordance with the functionality described in the Documentation
when operated properly and in the manner specified in the Documentation.
(ii) You accept all responsibility for the selection of this Software to meet your
requirements. Kaspersky Lab does not warrant that the Software and/or the
Documentation will be suitable for such requirements nor that any use will be
uninterrupted or error free.
(iii) Kaspersky Lab does not warrant that this Software identifies all known
viruses, nor that the Software will not occasionally erroneously report a virus in a
title not infected by that virus.
(iv) Your sole remedy and the entire liability of Kaspersky Lab for breach of the
warranty at paragraph (i) will be at Kaspersky Lab option, to repair, replace or
refund of the Software if reported to Kaspersky Lab or its designee during the
warranty period. You shall provide all information as may be reasonably
necessary to assist the Supplier in resolving the defective item.
(v) The warranty in (i) shall not apply if you (a) make or cause to be made any
modifications to this Software without the consent of Kaspersky Lab, (b) use the
Software in a manner for which it was not intended, or (c) use the Software other
than as permitted under this Agreement.
(vi) The warranties and conditions stated in this Agreement are in lieu of all other
conditions, warranties or other terms concerning the supply or purported supply
of, failure to supply or delay in supplying the Software or the Documentation
which might but for this paragraph (vi) have effect between the Kaspersky Lab
and you or would otherwise be implied into or incorporated into this Agreement
or any collateral contract, whether by statute, common law or otherwise, all of
which are hereby excluded (including, without limitation, the implied conditions,
warranties or other terms as to satisfactory quality, fitness for purpose or as to
the use of reasonable skill and care).
7. Limitation of Liability.
(i) Nothing in this Agreement shall exclude or limit Kaspersky Lab's liability for (a)
the tort of deceit, (b) death or personal injury caused by its breach of a common
law duty of care or any negligent breach of a term of this Agreement, or (c) any
other liability which cannot be excluded by law.
(ii) Subject to paragraph (i) above, the Supplier shall bear no liability (whether in
contract, tort, restitution or otherwise) for any of the following losses or damage
(whether such losses or damage were foreseen, foreseeable, known or
otherwise):
(a) Loss of revenue;
(b) Loss of actual or anticipated profits (including for loss of profits on contracts);
(c) Loss of the use of money;
