Appendix F
63
warranty period. You shall provide all information as 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 (v) have effect between the Kaspersky Lab
and you 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. Liability
(i) Nothing in this Agreement shall exclude or limit Kaspersky Lab's 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 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
paragraph (ii), (a) to (ii), (i).
