Appendix C 103
(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, 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 (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 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);
