User's Manual

Appendix C 105
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), 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 by it knowing 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).