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provides the functionality intended by Kaseya and the error is in the Documentation Kaseya will correct the
<br />Documentation), in each case subject to the condition that any error or defect constituting a breach of this
<br />limited warranty is reported to Kaseya within the limited ninety (90) day warranty period. This warranty
<br />does not apply if the Software, or any other equipment upon which the Software is authorized to be used:
<br />(a) has been altered, except by Kaseya or its authorized representative; (b) has not been installed, operated,
<br />repaired, or maintained in accordance with instructions supplied by Kaseya; (c) has been subjected to
<br />abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident;
<br />(d) is licensed for beta, evaluation, testing or demonstration purposes; or (e) is Software or equipment for
<br />which Kaseya does not receive a license fee.
<br />11.2. Disclaimer Of Warranties. EXCEPT AS SET FORTH IN THE PRECEDING SECTION, ALL
<br />SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND WITHOUT
<br />ANY WARRANTY. EACH OF THE KASEYA ENTITIES HEREBY DISCLAIMS ALL WARRANTIES,
<br />CONDITIONS, AND DUTIES OF ANY KIND (IF ANY), EXPRESS, IMPLIED, OR STATUTORY,
<br />INCLUDING WITHOUT LIMITATION, ANY OF MERCHANTABILITY, OF FITNESS FOR ANY
<br />PARTICULAR PURPOSE, OF ACCURACY, OF SYSTEM INTEGRATION OR COMPATIBILITY, OF
<br />WORKMANLIKE EFFORT, OR OF NON —NEGLIGENT PERFORMANCE. THE FOREGOING
<br />DISCLAIMERS INCLUDE, WITHOUT LIMITATION, ANY WARRANTY, DUTY, OR CONDITION
<br />THAT: THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, RELIABLE, AVAILABLE AT
<br />ANY PARTICULAR TIME, SECURE, ERROR -FREE, VIRUS -FREE, OR CORRESPOND TO ANY
<br />CONDITION; THAT MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE
<br />CORRECTED; OR THAT THE SOFTWARE OR SERVICES, ANY CONTENT, SYSTEMS, SERVERS,
<br />AND INFORMATION THAT IS IN OR UTILIZED BY THE SOFTWARE AND/OR SERVICES WILL
<br />BE FREE OF HARMFUL ASPECTS. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST
<br />INTERFERENCE WITH ANYONE'S ENJOYMENT OF THE SOFTWARE OR SERVICES OR
<br />AGAINST INFRINGEMENT.
<br />11.3. Internet and Fault Tolerance. SERVICES MAY BE SUBJECT TO LIMITATIONS, SECURITY RISKS,
<br />DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND
<br />ELECTRONIC COMMUNICATIONS. KASEYA ENTITIES ARE NOT RESPONSIBLE FOR ANY
<br />DELAYS, DELIVERY FAILURES, SECURITY BREACHES OR OTHER DAMAGE RESULTING
<br />FROM SUCH PROBLEMS. THE SOFTWARE AND SERVICES CONTAIN TECHNOLOGY THAT IS
<br />NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE
<br />IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING
<br />WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
<br />NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS,
<br />DIRECT LIFE-SUPPORT MACHINES, OR APPLICATIONS IN WHICH THE FAILURE OF THE
<br />SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE
<br />PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE (COLLECTIVELY, "HIGH RISK
<br />ACTIVITIES"). KASEYA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF
<br />FITNESS FOR HIGH RISK ACTIVITIES.
<br />11.4. Exclusion Of Certain Damages. YOU AGREE THAT THE FOLLOWING DAMAGES ARE
<br />EXCLUDED AND THAT YOU WILL NOT BE ENTITLED TO ANY OF THEM: ALL SPECIAL,
<br />INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES; DAMAGES FOR LOSS OF
<br />PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR
<br />PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING
<br />OF GOOD FAITH OR OF REASONABLE CARE, OR FOR NEGLIGENCE OR NEGLIGENT
<br />MISREPRESENTATION; AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER
<br />OTHER THAN "DIRECT DAMAGES" AS DESCRIBED BELOW. THE FOREGOING DAMAGES
<br />WILL BE EXCLUDED EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE),
<br />STRICT OR PRODUCT LIABILITY, AND/OR BREACH OF CONTRACT OF KASEYA OR ANY OF
<br />THE OTHER KASEYA ENTITIES, AND EVEN IF KASEYA OR ANY OF THE KASEYA ENTITIES
<br />HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THESE
<br />EXCLUSIONS AND THE BELOW LIMITATION ON LIABILITY WILL APPLY EVEN IF ANY
<br />REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
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