Appendix C
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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 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).
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 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 paragraphs (ii), (a) to (ii), (i).
