Warranty Information 257
5.WARRANTY AND SUPPORT
The Software is provided "as is" with no
representation, guarantee or warranty of any
kind as to its functionality or that it does not and
will not infringe any third party rights (including
intellectual property rights). Licensor has no
obligation under this License to provide technical
or other support to you.
6.LIMITATION AND EXCLUSION OF LIABILITY
6.1 Licensor does not exclude its liability (if any)
to you:
6.1.1 for personal injury or death resulting from
Licensor's negligence;
6.1.2 for fraud; or
6.1.3 for any matter for which it would be illegal
for Licensor to exclude or to attempt to exclude
its liability.
6.2 LICENSOR MAKES NO EXPRESS
WARRANTIES WITH RESPECT TO THE SOFTWARE
AND LICENSOR HEREBY EXCLUDES (TO THE
FULLEST EXTENT PERMISSIBLE IN LAW), ALL
CONDITIONS, WARRANTIES (INCLUDING
WITHOUT LIMITATION ANY WARRANTY THAT THE
SOFTWARE WILL MEET YOUR REQUIREMENTS
OR THAT ITS OPERATION WILL BE
UNINTERRUPTED OR ERROR FREE) AND
STIPULATIONS, EXPRESS (OTHER THAN THOSE
SET OUT IN THIS LICENSE) OR IMPLIED,
STATUTORY, CUSTOMARY OR OTHERWISE
WHICH, BUT FOR SUCH EXCLUSION, WOULD OR
MIGHT SUBSIST IN FAVOUR OF YOU. EXCEPT AS
SET OUT IN THIS LICENSE YOU ASSUME THE
ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE.
6.3 SUBJECT TO CLAUSE 6.1 LICENSOR WILL
BE UNDER NO LIABILITY TO YOU WHATSOEVER
(WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), BREACH OF STATUTORY DUTY,
RESTITUTION OR OTHERWISE) FOR ANY INJURY,
DEATH, DAMAGE OR DIRECT, INDIRECT OR
CONSEQUENTIAL LOSS (ALL THREE OF WHICH
TERMS INCLUDE, WITHOUT LIMITATION, PURE
ECONOMIC LOSS, LOSS OF PROFITS, LOSS OF
BUSINESS, LOSS OF DATA, LOSS OF SAVINGS,
DEPLETION OF GOODWILL AND LIKE LOSS)
HOWSOEVER CAUSED ARISING OUT OF OR IN
CONNECTION WITH:
6.3.1 THE SOFTWARE, OR THE MANUFACTURE
OR SALE OR SUPPLY, OR FAILURE OR DELAY IN
SUPPLY, OF THE SOFTWARE BY LICENSOR OR ON
THE PART OF LICENSOR'S EMPLOYEES, AGENTS
OR SUB-CONTRACTORS;
6.3.2 ANY BREACH BY LICENSOR OF ANY OF
THE EXPRESS OR IMPLIED TERMS OF THIS
LICENSE;
6.3.3 ANY USE MADE OF THE SOFTWARE; OR
6.3.4 ANY STATEMENT MADE OR NOT MADE, OR
ADVICE GIVEN OR NOT GIVEN, BY OR ON BEHALF
OF LICENSOR.