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  • 3. Disclaimer and limitation of liability

    3.1 eSAT and all related components of software used in, linked or attached to eSAT including the Open Source Software is provided to you on an ‘as is’ basis without any warranty of any kind, either express or implied. To the maximum extent permitted by law, but subject to clause 3.6, we expressly disclaim all representations, warranties and conditions expressed, implied, statutory or otherwise in relation to eSAT (including as to its merchantability, satisfactory quality, performance or fitness for a particular purpose and in relation to title and non-infringement of Intellectual Property Rights) and representations, warranties and conditions in relation to the accuracy, completeness or adequacy of information.  

    3.2 Where a non-excludable and/or non-modifiable condition or warranty is implied into this Licence Agreement by operation of Law and cannot be excluded by the Licence Agreement, the condition or warranty is deemed to be included in this Licence Agreement. However, our liability for any breach of any such condition or warranty will be limited, at our sole option, to one or more of the following:  

    (a) the replacement of eSAT or the supply of equivalent software;
    (b) the repair of eSAT provided to You under this Licence Agreement; or
    (c) the payment of the cost of replacing the eSAT provided to you under this Licence Agreement or of acquiring equivalent software.

    3.3 You:

    (a) acknowledge that software (including eSAT) cannot be completely error-free,
    (b) subject to clause 3.2, agree to assume the cost of any necessary servicing, repair or replacement of eSAT in the event eSAT is defective in any respect and
    (c) agree to ensure that regular data backup is performed on all computers on which you use eSAT.

    3.4 Subject to clause 3.2, to the maximum extent permitted by law, we will not be liable to you in respect of any loss which may be suffered or incurred or which may arise directly, indirectly or as consequential loss or loss of profit, loss of revenue or loss of data in respect of the provision or use of eSAT or any Open Source Software under or in connection with this Licence Agreement or in respect of our failure or omission to comply with our obligations under this Licence Agreement, whether or not we have been advised of the possibility of such loss.  

    3.5 Your attention is also drawn to the fact that the Open Source Software referred to in clause 2 contains no warranties and is subject to disclaimers and limitations on liability set out in the Third Party Licence Agreements.

    3.6 Where you have followed the instructions in eSAT fully and honestly, we will take no action against You should incorrect information be lodged with us if the incorrect information was lodged because of a defect in eSAT.  

    Last modified: 28 Jun 2019QC 34240