Appendix E
185
(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), 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.
8. (i)
This Agreement contains the entire understanding between the parties
with respect to the subject matter hereof and supersedes all and any prior
understandings, undertakings and promises between you and Kaspersky Lab,
whether oral or in writing, which have been given or may be implied from
anything written or said in negotiations between us or our representatives prior to
this Agreement and all prior agreements between the parties relating to the
matters aforesaid shall cease to have effect as from the Effective Date. Save as
provided in paragraphs (ii) - (iii) below, you shall not have any remedy in respect
of an untrue statement made to you upon which you relied in entering into this
Agreement ("Misrepresentation") and Kaspersky Lab 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 Lab's liability
for any Misrepresentation made thereby if aware that it was untrue.
(iii)
The liability of Kaspersky Lab for Misrepresentation as a fundamental
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).
