Updated as of April 1, 2023

These Unitrends Product and Services Terms of Use (“Terms“) govern your use of Kaseya’s Unitrends Products (“Unitrends Products” or “Products“). Unitrends Products are sometimes referred to in Product Documentation and Orders as Kaseya Unified Backup or “KUB”).

These Terms are made a part of and governed by, the Kaseya Master Agreement (the “Agreement”). Capitalized terms not defined in these Terms have the meaning given to them in the Agreement. For example, the term Unitrends Products or Products includes the Services and Kaseya Software related to the Products (as explained in the Agreement). These terms are effective on the date that you first download Unitrends Product or first use them, whichever is earlier. By purchasing or using Unitrends Products, you agree to be bound by these Terms and the Agreement. If you do not agree to these Terms, do not register, access, or use any Unitrends Product.

1. 1. DEFINITIONS (additional to those found in the Kaseya Master Agreement)
      1. “Disaster” or “DR Event” means any unplanned event or condition that renders you unable to use the Protected Servers at their on-premise location for their intended computer processing and related business production purposes.”
      2. “Disaster Recovery Environment” or “DR Environment” means a secured and isolated portion of the Unitrends Product that maintains your Protected Servers and is available to you via SSL Client VPN during DR Testing or DR Events.
      3. “Disaster Recovery Service” or “DRaaS” means Unitrends Recovery Service that is available for purchase in conjunction with the Product, and further described in the current DRaaS Service Schedule.
      4. “Disaster Recovery Testing” or “DR Testing” provides the means to validate your disaster recovery plan and Unitrends DRaaS. Testing includes the steps and operations designed to ensure that your disaster recovery processes and systems provide the necessary environment for running your business (or that of your End User client) and ultimately restoring your environment.
      5. “DRaaS Prep Kit” means Documentation containing information about the Protected Servers and the disaster recovery environment on the Unitrends Cloud.
      6. “Protected Server” means the servers that you have designated during the Product on-boarding process to be backed up and replicated to the Unitrends Cloud, which we will use to provide DRaaS.
      7. “Replicate” or “Replication” means the movement of Customer Content from your premises to the Product.
      8. “Replicated Content” means Customer Content which has been Replicated.
      9. “Retention” is the act of retaining Replicated Customer Content in the Unitrends Cloud for the Retention periods are specified in the Unitrends Service Schedule for Unitrends Cloud Services.
      10. “Service Schedule(s)” means collectively, the overview and other terms applicable to the Product as described in the current DRaaS Service Schedule the Unitrends Service Schedule for Unitrends Cloud Services and Unitrends Software and Hardware Support Handbook. Services as described in the Service Schedules may not be available to all customers, depending on circumstances including, but not limited to, geographical location.
      11. “Unitrends Technical Support” or “Technical Support” means the technical support as provided by us for the Product, the details of which are set forth in our current support Documentation, including the Unitrends Software and Hardware Support Handbook.
      12. “Unitrends” means Unitrends, Inc., and its affiliated companies, including Kaseya (Unitrends’ parent company) and all affiliates of Kaseya.
      13. “Unitrends Cloud” means the computer hardware and Software (including, without limitation, Software applications, interfaces, operating systems and databases) storage capacity and all other resources used to provide the Product to you.
      14. “Unitrends Product” means a Product provided by Unitrends using the Unitrends Cloud and related hardware and (i) provides off-site automated Customer Content Replication and Retention, and (ii) hosts Customer’s virtual machines after a declaration of Disaster, all as further described in the applicable Service Schedules. The Product is provided to you on a subscription basis as hosted by Unitrends using the Unitrends Cloud and includes all Updates. Continued service and support availability for older hardware units is subject to the then-current Unitrends product lifecycle policy for that unit type.
      15. “Updates” means any corrections, bug fixes, new features or functions added or removed from the Product, but shall not include any new versions that Unitrends markets and sells separately.
      16. “Users” means you, your clients and your affiliates, as well as all employees, contractors and agents of you, your clients and your affiliates that are granted access to the Products for use.
      17. “Use Level” means the model by which we measure use, fees and offers of the Product as set forth on the applicable Unitrends or channel partner Order, price list, website or Service Schedule.
   2. USE OF UNITRENDS PRODUCTS
      1. Right to Use. Subject to your compliance with these Terms, the Agreement and the receipt by us of all fees specified in an accepted Order, we hereby grant you a limited, revocable, non-sublicensable, non-exclusive right and license use the Product (with Software use only in object code form) only on such computers, servers, or equipment in which such Product is embedded or for which such Product is approved for license by us in an Order, and on such storage capacity as specified in the Order (collectively, “Approved Systems”) for your internal business purposes or to service an End User client. Any other use of the Product is inconsistent with these Terms, including without limitation, the distribution of Product to multiple channels, or to an unlicensed computer or entity, and shall automatically terminate this license.
      2. Automatic Renewals and Cancellation of Subscription Services. The Committed Service Term for Products are set forth on the Order and will automatically renew for subsequent Committed Service Terms equal in length to the initial Committed Service Term unless you provide us with timely notice of cancellation/non-renewal at least thirty (30) days prior to the end of the relevant Committed Service Term. A Service Subscription will continue through the Committed Service Term even if there no remaining enrolled Protected Systems or is otherwise no longer taking backups.
      3. Archive Copy. You are permitted to make a single archive copy of any Software that is a component of the Product, provided the Software shall not be otherwise reproduced except as necessarily incident to the execution of the Software in Approved Systems. You will maintain and reproduce all trademark, copyright, patent and other notices of proprietary rights on all copies that you make of the Software, and such reproduction shall be in the same manner and form of notice that we have used. Any allowed copy of the Software, and all associated license keys, shall not be removed from a country in which use is licensed from us or one of our authorized resellers, or from any Approved Systems, without our express written permission.
      4. License Keys and Service Effective Date. You must purchase a valid license to use the Product in license units as set forth in the Order; examples of license units include per TB, per CPU socket and per server. After we have received a valid Order or other authorization which specifies the proper fees and identifies the platform and host name of each computer, server or other equipment upon which the Services are installed or will be installed, we will issue you a license key and other information or Documentation necessary for you to access and use the Product (such moment being the ”Service Effective Date.”  If payment is not received within thirty (30) days of the date due, we shall have the right to deactivate any license keys we have issued to you related to any Unitrends Product and terminate this Agreement, and you will have no further right to use the Product.
      5. DRaaS. If you have purchased DRaas pursuant to an Order, we shall provide you with DRaaS in accordance with the current DRaaS Service Schedule. All limitations described herein shall apply equally to DRaaS and related Products to the extent applicable.
      6. Virtualizations and Fair Use. The Product provides backup, recovery and business continuity functions, but is not intended for extended use as a production environment. Accordingly, we reserve the right to disable virtualizations that extend beyond the term of a documented business continuity event or a reasonable, limited testing period. Further, all access and use of the Products are subject to Fair Use policies and prohibit use that:
         • Results in excessive consumption of our resources;
         • Harms our services, networks or other resources, or those of third parties; and/or
         • Circumvents the intended use of the Product.
      7. Additional Data Processing Terms. Products may be configured to designate the geographic region where Customer Content associated with a Product is stored. The Kaseya European Data Processing Addendumis incorporated into these Terms if a Product is configured to store Customer Content in the European Economic Area, the United Kingdom or if otherwise agreed by us. If a Product is configured to store content in the United States and is used to process personal information of California consumers, under the California Consumer Privacy Act of 2018, as amended, and the final regulations thereunder (collectively the “CCPA”), we are a “service provider” with respect to the personal information of California consumers we process.  We will not sell such personal information and will not retain, use or disclose such personal information for any purpose other than for the purpose described in these Terms, or as otherwise permitted by the CCPA or applicable law.
   3. YOUR RESPONSIBILITIES
      1. Backup and Replication. You are responsible for performing regular backups of Customer Content using Unitrends’ on-premise backup appliances to the Unitrends Cloud. The Unitrends Cloud will Replicate Customer Content in accordance with the selections you make through the Product’s web-based interface. We do not make any guarantee, expressed or implied, that the Services will Replicate any Customer Content on or off of your premises beyond the particular Customer Content indicated by you in the web interface for the Product. You must monitor all backup activity by reviewing backup notifications and using the Product’s web-based interface and/or other authorized Product tools. You must report to us any errors in executing backups promptly by web submission, e-mail or telephone. We will provide you with the ability to view the condition of the overall Replication status through the Product’s web-based interface or other tool. It is your sole and exclusive responsibility to verify that the Customer Content you intend to Replicate is accurately backed up and setup in the web-based interface and is being Replicated by the Product and reporting no errors.
      2. Failed Replication. We will use commercially reasonable efforts to maintain reliable and redundant infrastructure to store Customer Content in the Unitrends Cloud and complete selected Replications via the Product within 72 hours subject to delays caused by you, your network or systems, telecommunications failures, utility outages, issues with the Internet or other causes outside of our reasonable control. If the Customer Content selected for Replication is not Replicated within this time frame, we will provide you with notice via the Product’s web interface. The success of the Replication is contingent on your maintaining your network and infrastructure as required by the Service Schedule for the Product, including without limitation the condition of applicable networks and physical and Internet connectivity requirements to enable the Product to perform properly. Properly Replicated Customer Content is limited to Customer Content that the web interface for the Services shows as successfully Replicated and for which there are no backup process warnings or errors reported in the Product web interface. You are solely responsible for verifying that the necessary files and directories and other Customer Content infrastructure required to restore specialized software systems, such as databases and other data environments, are being created and are included in the Customer Content that the Product is configured to back up. If the Product indicates that Customer Content has been successfully Replicated and it is determined that the Customer Content was not Replicated as a direct result of a defect or error with the Product or the Unitrends Cloud, as your sole and exclusive remedy, and our sole liability, we will refund to you the total fees paid by you for the Product Services for the immediately preceding thirty (30) days. Except for the foregoing sentence, we have no liability for any failure of the Customer Content to successfully Replicate.
      3. Content Restoration. We provide various tools for you to restore Customer Content that has been Replicated. In addition, we will provide telephone assistance and technical support as described in the Service Schedule for the Product.
      4. Required Infrastructure and Communications Equipment. You are responsible for procuring and maintain all required software, hardware and other equipment and all Internet, communications and other services necessary to access and use the Product. You are responsible for implementing a high-quality uplink to the Internet to ensure the availability of the Product to you and are responsible for implementing reasonable security and encryption policies and procedures to protect the Customer Content.
      5. Return of Hardware. If you have purchased hardware under a Unitrends Subscription model, you must return hardware when upgrading or replacing the hardware, as well as at the end of the subscription term. Further, in RMA situations, you may be required to return defective hardware for replacement. It is your obligation to remove all data from hardware before returning it. You may contact Unitrends Support to start a return process when needed, and must follow Kaseya’s standard return guidelines, some of which are set forth in the Unitrends Software and Hardware Support Handbook.
      6. Evaluation Hardware. If you receive Product for evaluation purposes, you have the right to use the Product in a non-production setting for the “Evaluation Period,” which is described as a date range called the “Effective Date” on a quote or, if not listed, thirty (30) days from the date you receive the Product. You agree to pay all shipping costs needed to return the hardware and equipment portions of the Product (“Hardware”) at the end of the evaluation. You must contact Unitrends to schedule the return shipment at least three (3) days prior to the end of the Evaluation Period by sending an email to [email protected] (please reference the evaluation number in the email subject). If the Hardware is damaged during the Evaluation Period or shipment back to Unitrends, you agree to reimburse Unitrends for repair and/or replacement costs of the Hardware . If Hardware is received by you in damaged condition, you must notify Unitrends within three (3) days of receipt by sending an email to [email protected]. If you fail to send notification of shipping damage within such 3 day period, it shall be assumed that the damage occurred during the Evaluation Period. If you choose to purchase the Product at the end of the Evaluation Period, you will be invoiced for the then-current list price of the Product. If you decide not to purchase the Product at the end of the Evaluation Period, you must return the Hardware in the original condition and packaging to Unitrends no more than seven (7) days after the end of the Evaluation Period. If the Hardware is not received by Unitrends within the 7-day period, you agree to purchase the Product and you will be invoiced for the Product.
   4. CUSTOMER CONTENT
      1. Protection of Customer Content. In relation to the Product, both you and Unitrends shall apply reasonable technical, organizational and administrative security measures to keep Customer Content protected in accordance with industry standards. You shall retain a current copy of Customer Content outside of the Product. No password-protected system of data storage and retrieval can be made entirely impenetrable and that despite the measures employed, the Products and Customer Content are not guaranteed against all security threats or other vulnerabilities.
      2. Deletion of Customer Content After Termination. We shall have no obligation to maintain Customer Content following termination (including expiration) of the Subscription term of the Product. You have thirty (30) days to download Customer Content after termination and must contact our technical support group for download and access instructions.
      3. Subpoenas, Court Orders and Other Access to Customer Content. Notwithstanding anything to the contrary contained in any agreement, the parties acknowledge that if an entity (governmental or private) obtains a valid and binding warrant, subpoena, court order or similar directive for disclosure of Customer Content, we will notify you of such requirement unless such notification is forbidden by law, and we will make such disclosure as required by law. Further, if you have designated a person in your Product account to have access to Replicated Content, you hereby grant us the right to give that person access to such Replicated Content. You agree to indemnify and hold us harmless from and against any and all claims relating to or arising from our compliance with this provision and related release of such Customer Content.
      4. Customer Accounts; Encryption. You are solely responsible and liable for (i) the configuration of the Product and your Product Account, including without limitation designating your own key for the optional encryption of Customer Content (understanding that if you lose your encryption key, you may not be able to access its Customer Content), (ii) the operation, performance and security of your equipment, networks and other computing resources, infrastructure and services used to connect to the Product, (iii) ensuring all Users exit or log off from the Product at the end of each session, (iv) maintaining the confidentiality and security of your accounts, User id’s, passwords, encryption keys and personal identification numbers used in conjunction with the Product, and (v) all uses of the Product by you and your Users. You will notify us immediately of any unauthorized use of your Product account or any other breach of security. We will not be liable for any loss that you may incur as a result of a third party using your passwords or account or your failure to encrypt Customer Content. We reserve the right to review your account to the extent necessary to confirm compliance with applicable Use Levels, and to terminate or suspend your access for overuse and/or misuse. You agree to pay for any overage in excess of permitted Use Levels.
      5. Replication. The Product saves a copy of the Customer Content in the Unitrends Cloud as designated by you through the Product web interface. You will not be able to restore files that the Product: (a) has not completed Replicating; (b) have been changed but not yet Replicated or; (c) are not eligible for Replication. If your right to use the Product is terminated, not renewed, or discontinued for any other reason (collectively, “terminated”), we may, without notice, delete or deny you access to any of your Replicated Content or Retained Content, and such Customer Content may not be available to you.
   5. PRODUCT WARRANTY AND LIMITATIONS
      1. Product Warranty. Subject to all limitations and disclaimers in these Terms and the Agreement, we warrant that the Product will conform in all material respects to its published documentation during any for which you have a valid and paid-up Support contract (“Product Warranty”). Your sole and exclusive remedy for any breach of Product Warranty is for us to, in our sole discretion, either: (i) repair or replace (at our option) without charge to you the Product which is not in conformity with the foregoing warranty or (ii) upon receipt of return of hardware if applicable, refund the fees paid by you for the Product during which the Product Warranty was breached. This Product Warranty is does not apply to Third-Party Technology (as defined in the Agreement) and is subject to the conditions set forth in subsection (b), below.
      2. Conditions of the Warranty. The Product Warranty is subject to the following conditions: (i) the Product is installed by us, by authorized representatives or in accordance with all of our installation instructions by personnel trained by us; (ii) the Product is running in certified environments as specified in the applicable Documentation for the Product; (iii) you notify Kaseya within the Product Warranty period of the breach. The Product Warranty does not cover: any defect or deficiency resulting from: (A) any alteration, repair or maintenance of the Product by anyone other than us; (B) failing to follow in all material respects our written recommendation or instructions; (C) using or combining the Product with products or services of others, unless under our direction; (D) any of your designs, specifications or instructions; and (E) or any abnormal physical or electrical stress, or accident, misuse, abuse or other external cause that is beyond our reasonable control.
      3. EXCEPT AS SET FORTH IN THIS SECTION, NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE UNITRENDS PRODUCT IS MADE AND ANY AND ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY OR INTEGRITY.

 

Exhibit A

End User Terms

These End User Terms (“Terms“), including any Exhibits, apply to you as the person or entity that owns, licenses, or lawfully controls the data, files or other content (“Content”) with which a Kaseya backup and business continuity product (“Product”) will be used. The term “Kaseya” includes Kaseya affiliates, subsidiaries, and the affiliates of those subsidiaries. Kaseya may provide the Product directly to you, but may also provide it to another entity or person (“Administrator”) who will (a) use and manage the Product on your behalf with your Content; and who may also (b) authorize you to access, use or manage the Product yourself, either through the Product interface or through a portal account, in which case you will be considered an additional authorized Administrator of the Product.

1. 1. RIGHTS TO THE PRODUCT

You acknowledge that Kaseya and its licensors own all intellectual property rights in and to the Product. You will not engage in or authorize any activity that is inconsistent with such ownership. The Product may involve the use of third party technology licensed by Kaseya, the use of which is subject to such third parties’ license or other end user customer terms.

1. 1. KASEYA’s RIGHTS AND RESPONSIBILITIES REGARDING CONTENT
      1. Kaseya’s Use of Content. Kaseya will use Content only as necessary to provide and support the Product and will not otherwise access Content other than as permitted herein, as described in the Kaseya Privacy Policy, or as authorized by an Administrator for support.
      2. Kaseya’s Rights. In the event that Kaseya reasonably believes Content or related use of the Product violates these terms, may disrupt or threaten the operation or security of any computer, network, system or the Product, or may otherwise subject Kaseya to liability, Kaseya reserves the right to refuse or disable access to the Product or Content. Kaseya may also take such action pursuant to the Digital Millennium Copyright Act and/or as required to comply with law or any judicial, regulatory or other governmental order or request. Kaseya will use reasonable efforts to contact the Administrator prior to taking such action. Notwithstanding the foregoing, Kaseya may restrict access to any Product or Content without prior notice as is reasonably required to avoid damage or liability to Kaseya or others, or required to comply with the law. In the event that Kaseya takes any such action without prior notice, Kaseya will provide notice to the Administrator thereafter, unless prohibited by law.
      3. Use of Aggregate Data. Notwithstanding anything else in these Terms or otherwise, Kaseya may evaluate and process use of the Product and Content in an aggregate and anonymous manner, meaning in such a way that the individual is not or no longer identified or identifiable and compile statistical and performance information related thereto (referred to as “Aggregate Data”). Kaseya may use, process and share such Aggregate Data with third parties to improve the Products, develop new products, understand and/or analyze usage, demand, and general industry trends, develop and publish white papers, reports, and databases summarizing the foregoing, and generally for any purpose related to Kaseya’s business. Kaseya retains all intellectual property rights in Aggregate Data. For clarity, Aggregate Data does not include any personally identifiable information nor identify any End User or individual.
      4. Right to Change Products. Kaseya may make changes to its Products through updates and upgrades that offer new features, functionality, and efficiencies (“Enhancements“). Kaseya reserves the right to add new Products and Enhancements and to replace or discontinue Products or Enhancements at any time.
      5. Right to Interact with Products. You agree that Kaseya may and you hereby authorize Kaseya to interact remotely with any deployed Product in order to provide the Product, or to test, troubleshoot, protect, update, analyze use of or modify the Product or the environment in which it operates.
   2. ADMINISTRATOR
      1. Kaseya’s Relationship with Administrators. Kaseya will interact with the Administrator(s) you appoint to operate and manage use of the Product with your Content. You expressly agree that Kaseya may rely on the instructions and authorization of the Administrator with respect to use and support of the Product and access and control of your Content. You are not a third party beneficiary of any agreement between Kaseya and an Administrator. An Administrator is not an agent of Kaseya and is not authorized to make any representations or warranties on behalf of Kaseya regarding the Product or its use.
      2. Your Relationship With Administrators. You are responsible for instructing and authorizing the Administrator with respect to use of the Product including backup settings, management, retention and deletion of Content, and transition of Product or Content to a different Administrator, and transition assistance and cooperation upon termination or expiration of any relationship between or among Administrator, you and/or Kaseya.
   3. YOUR DIRECT USE OF A PRODUCT

If the Administrator authorizes you to access or use a Product directly, through the Product interface or through a portal account, you are responsible for all actions you take with respect to use of the Product including backup settings and management, retention and deletion of Content and Kaseya may rely on your instructions as an authorized administrator of the Product. Any support for the Product is provided to you by the Administrator and not directly by Kaseya.

1. 1. SECURITY
      1. Kaseya’s Security Measures. Kaseya has implemented and maintains physical, technical and administrative measures designed to help secure Content under Kaseya’s control against accidental or unlawful loss, access or disclosure. However, no password-protected system of data storage and retrieval can be made entirely impenetrable and you acknowledge and agree that despite the reasonable measures employed, the Products and Content are not guaranteed against all security threats or other vulnerabilities.
      2. Administrator’s Security Measures. You acknowledge and agree that the Administrator you authorize to manage use of the Product on your behalf has access to and manages your Content. You and/or the Administrator are responsible, and in no event will Kaseya be responsible, for any physical, administrative, or technical controls related to Products or Content not under the exclusive control of Kaseya, including but not limited to local Product access, passwords or other access credentials, LAN or internet connectivity. You and/or the Administrator are responsible for the proper configuration and maintenance of security measures and for determining the security measures appropriate for the Content, including local encryption of sensitive Content.
   2. INDEMNIFICATION

You will defend, indemnify and hold harmless Kaseya from and against any loss, cost, liability or damage, including attorneys’ fees, for which Kaseya becomes liable arising from any claim relating to your Content, including if it a) infringes or misappropriates the intellectual property rights or other rights of a third party; b) violates any applicable law; or c) otherwise is in violation of these End User Terms or the applicable Product Terms of Use.

1. 1. LIMITATIONS OF LIABILITY

THE PRODUCT, INCLUDING ANY THIRD PARTY COMPONENTS OR TECHNOLOGY, ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KASEYA DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, DATA SECURITY, QUIET ENJOYMENT, TITLE, AND/OR NON-INFRINGEMENT OR ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. KASEYA DOES NOT WARRANT THAT THE PRODUCT WILL MEET ANY SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF ANY PRODUCT WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED.

EXCEPT AS SET FORTH IN KASEYA’S STANDARD AND AUTHORIZED DOCUMENTATION, KASEYA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCT’S COMPLIANCE WITH LAWS AND REGULATIONS SPECIFICALLY APPLICABLE TO ANY USER OR INDUSTRY AND DISCLAIMS ALL LIABILITY ASSOCIATED THEREWITH.

THE PRODUCT MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER RISKS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. KASEYA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

KASEYA DISCLAIMS ANY DUTIES OF A BAILEE, AND YOU HEREBY WAIVE ALL RIGHTS AND REMEDIES OF A BAILOR (ARISING UNDER COMMON LAW OR STATUTE), RELATED TO OR ARISING OUT OF ANY POSSESSION, STORAGE, TRANSMISSION OR SHIPMENT OF CONTENT BY OR ON BEHALF OF KASEYA.

TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL KASEYA OR ANY KASEYA LICENSOR OR SUPPLIER BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR COSTS, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, COSTS OF DELAY, FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR THE COST OF RECREATING THE SAME, EVEN IF KASEYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KASEYA BE LIABLE FOR THE PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KASEYA, ANY RESELLER, ADMINISTRATOR OR OTHER PARTY WILL CREATE ANY ADDITIONAL KASEYA WARRANTIES, ABROGATE THE DISCLAIMERS SET FORTH ABOVE OR IN ANY WAY INCREASE THE SCOPE OF KASEYA’S OBLIGATIONS HEREUNDER.