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Kaspersky Anti-Virus 5.6 for Microsoft ISA Server 2004/2006 Standard Edition
terms as to satisfactory quality, fitness for purpose or as to the use of
reasonable skill and care).
6.
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, Kaspersky Lab shall bear no liability
(whether in contract, tort, restitution or otherwise) for any of the follow-
ing 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;
(d)
Loss of anticipated savings;
(e)
Loss of business;
(f)
Loss of opportunity;
(g)
Loss of goodwill;
(h)
Loss of reputation;
(i)
Loss of, damage to or corruption of data, or:
(j)
Any indirect or consequential loss or damage howsoever
caused (including, for the avoidance of doubt, where such loss
or damage is of the type specified in paragraphs (ii), (a) to (ii),
(i).
(iii)
Subject to paragraph (i) above, the liability of Kaspersky Lab (whether in
contract, tort, restitution or otherwise) arising out of or in connection with
the supply of the Software shall in no circumstances exceed a sum
equal to the amount equally paid by you for the Software.