User's Manual

104 Kaspersky Administration Kit
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 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).
7. Limitation of 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 have 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).
(iii) Subject to paragraph (i), Kaspersky Lab’s liability (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. The construction and interpretation of this Agreement shall be governed
in accordance with the laws of England and Wales. The parties hereby submit to
the jurisdiction of the courts of England and Wales save that Kaspersky Lab as
claimant shall be entitled to initiate proceedings in any court of competent
jurisdiction.
9. (i) This Agreement contains the entire understanding of the
parties with respect to the subject matter hereof and supersedes all and any prior
understandings, undertakings and promises between you and Kaspersky Lab,