System information

94 Kaspersky Internet Security 2009

otherwise make available such confidential information in any form to any third

party without the prior written consent of Kaspersky Lab. You shall implement

reasonable security measures to protect such confidential information, but

without limitation to the foregoing shall use best endeavours to maintain the

security of the activation code.

5. Limited Warranty.

(i) Kaspersky Lab warrants that for six (6) months from first download or

installation the Software purchased on a physical medium will perform

substantially in accordance with the functionality described in the

Documentation when operated properly and in the manner specified in

the Documentation.

(ii) You accept all responsibility for the selection of this Software to meet

your requirements. Kaspersky Lab does not warrant that the Software

and/or the Documentation will be suitable for such requirements nor that

any use will be uninterrupted or error free.

(iii) Kaspersky Lab does not warrant that this Software identifies all known

viruses and spam letters, nor that the Software will not occasionally

erroneously report a virus in a title not infected by that virus.

(iv) Your sole remedy and the entire liability of Kaspersky Lab for breach of

the warranty at paragraph (i) will be at Kaspersky Lab option, to repair,

replace or refund of the Software if reported to Kaspersky Lab or its

designee during the 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

(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 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