System information
License Agreement 95
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).
(iii) Subject to paragraph (i) above, 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.
7. 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.