136
Kaspersky Anti-Virus
®
for Lotus Notes/Domino
(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 (v) have effect between the
Kaspersky Lab and your 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’ liability
for (i) the tort of deceit, (ii) 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,
(iii) any breach of the obligations implied by s.12 Sale of Goods Act 1979 or s.2
Supply of Goods and Services Act 1982 or (iv) any liability which cannot be
excluded by law.
(ii)
Subject to paragraph (i), the Supplier shall have 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;
(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 paragraph (ii), (a) to (ii), (i).