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Appendix J – License Agreements
Multi-Tech Systems, Inc. RouteFinderVPN RF760/660/600VPN User Guide (PN S000323D) 174
(iii) By completion of the Support Services Subscription Form you consent to the terms of the Kaspersky Lab Privacy Policy which is
attached to this Agreement, and you explicitly consent to the transfer of data to other countries outside your own as set out in the
Privacy Policy.
(iv) "Support Services" means
Weekly updates of antivirus databases;
Free software updates, including version upgrades;
Extended technical support via E-mail and hot phone-line provided by Vendor and/or Reseller;
Virus detection and curing updates in 24-hours period.
Ownership Rights. The Software is protected by copyright laws. Kaspersky Lab and its suppliers own and retain all right, title and interest
in and to the Software, including all copyrights, patents, trademarks and other intellectual property rights therein. Your possession,
installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any
rights to the Software except as expressly set forth in this Agreement.
Confidentiality. You agree that the Software and the Documentation, including the specific design and structure of individual programs and
the Key Identification File constitute confidential proprietary information of Kaspersky Lab. You shall not disclose, provide or 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
endeavors to maintain the security of the Key Identification File.
Limited Warranty
Kaspersky Lab warrants that for [90] days from first download or installation the Software will perform substantially in accordance with the
functionality described in the Documentation when operated properly and in the manner specified in the Documentation.
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 and error free; 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;
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;
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;
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).
Limitation of Liability
Nothing in this Agreement shall exclude or limit Kaspersky Lab' 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.
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):
Loss of revenue;
Loss of actual or anticipated profits (including for loss of profits on contracts);
Loss of the use of money;
Loss of anticipated savings;
Loss of business;
Loss of opportunity;
Loss of goodwill;
Loss of reputation;
Loss of, damage to or corruption of data; or
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).
Subject to paragraph (i), the Kaspersky Lab 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.
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.
(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, 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' liability for any Misrepresentation made by it knowing that it was untrue.
(iii) The liability of Kaspersky Lab for Misrepresentation as to 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).