Seaward PATGuard 3 User Manual

Page 150

PATGuard 3

150 / 153

6.5

If you are a consumer, this warranty is in addition to your legal rights in relation to Software that is

faulty or not as described. Advice about your legal rights is available from your local Citizens'

Advice Bureau or Trading Standards office.

Limitation of Liability

7.1

You acknowledge that the Software has not been developed to meet your individual requirements,

and that it is therefore your responsibility to ensure that the facilities and functions of the Software

as described in the Documentation meet your requirements.

7.2

If you are a business customer, we only supply the Software and Documentation for internal use by

your business, and you agree not to use the Software or Documentation for any re-sale purposes.

7.3

We shall not under any circumstances whatever be liable to you, whether in contract, tort (including

negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence

for:

7.3.1

loss of profits, sales, business, or revenue;

7.3.2

business interruption;

7.3.3

loss of anticipated savings;

7.3.4

loss or corruption of data or information;

7.3.5

loss of business opportunity, goodwill or reputation; or

7.3.6

any indirect or consequential loss or damage.

7.4

Other than the losses set out in condition 7.3 (for which we are not liable), our maximum aggregate

liability under or in connection with this Licence whether in contract, tort (including negligence) or

otherwise, shall in all circumstances be limited to a sum equal to 100% of the Licence Fee. This

maximum cap does not apply to condition 7.5.

7.5

Nothing in this Licence shall limit or exclude our liability for:

7.5.1

death or personal injury resulting from our negligence;

7.5.2

fraud or fraudulent misrepresentation;

7.5.3

any other liability that cannot be excluded or limited by English law.

7.6

This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the

Software and Documentation. Except as expressly stated in this Licence, there are no conditions,

warranties, representations or other terms, express or implied, that are binding on us. Any

condition, warranty, representation or other term concerning the supply of the Software and