License agreement
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(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).
(iii) Subject to paragraph (i), the Kaspersky Labs liability (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.
8. The construction and interpretation of this Agreement shall be governed in
accordance with the laws of England and Wales. The parties hereby submit to
the jurisdiction of the courts of England and Wales save that Kaspersky Labs as
claimant shall be entitled to initiate proceedings in any court of competent juris-
diction.
9. (i)
This Agreement contains the entire understanding of the parties with
respect to the subject matter hereof and supersedes all and any prior under-
standings, undertakings and promises between you and Kaspersky Labs,
whether oral or in writing, which have been given or may be implied from any-
thing written or said in negotiations between us or our representatives prior to
this Agreement and all prior agreements between the parties relating to the mat-
ters aforesaid shall cease to have effect as from the Effective Date. Save as pro-
vided in paragraphs (ii) - (iii), you shall not have any remedy in respect of an un-
true statement made to you upon which you relied in entering into this Agree-
ment ("Misrepresentation") and Kaspersky Labs shall not have any liability to the
other than pursuant to the express terms of this Agreement.
(ii)
Nothing in this Agreement shall exclude or limit Kaspersky Labs' liability
for any Misrepresentation made by it knowing that it was untrue.
(iii)
The liability of Kaspersky Labs for Misrepresentation as to a fundamen-
tal matter, including a matter fundamental to the maker's ability to perform its
obligations under this Agreement, shall be subject to the limitation of liability set
out in paragraph 7(iii).