We do not guarantee that the Platform will be secure or free from bugs, viruses, errors, or that defects will be corrected. You are responsible for configuring your information technology, computer programmes and platform in order to access our Platform. You should use your own virus protection software.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE FILISIA PLATFORM, INCLUDING THE SOFTWARE AND SERVICES, AND ANY MATERIALS OR OTHER PRODUCTS PROVIDED BY OR ON BEHALF OF FILISIA PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND FILISIA AND ITS LICENSORS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, INTEGRATION, THE QUALITY OF THE FILISIA PLATFORM OR ANY ASSOCIATED PRODUCTS OR SERVICES, THIRD PARTY CONTENT, CONTENT, TIMELINESS, OR NON-INTERRUPTION.
FILISIA AND ITS LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE IN ANY WAY FOR ANY CLAIM, DAMAGE, COST, LIABILITY, OR LOSS OF ANY KIND, INCLUDING LOSS OR DAMAGE TO YOU OR YOUR BUSINESS, YOUR ACCOUNT, YOUR RELIANCE ON THE PLATFORM, INCLUDING THE SOFTWARE AND SERVICES, YOUR CONTENT, OR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATING TO THE PLATFORM, SOFTWARE, SERVICES, OR THIRD PARTY SERVICES FOR ANY REASON. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FILISIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS PROFITS) ARISING FROM OR RELATING TO THESE TERMS OF USE, OUR PLATFORM, OR ANY CONTENT THEREIN, INCLUDING WITHOUT LIMITATION, SOCIAL MEDIA ACCOUNTS, THIRD PARTY CONTENT OR ANY THIRD PARTY SERVICES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL FILISIA BE LIABLE FOR MORE THAN THE AMOUNT PAID BY YOU FOR YOUR FILISIA HARDWARE OR SOFTWARE THAT GAVE RISE TO THE CLAIM, OR $10, WHICHEVER IS GREATER.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY ARE ESSENTIAL TO THESE TERMS AND THAT FILISIA WOULD NOT ALLOW ACCESS TO THE PLATFORM, INCLUDING ITS SOFTWARE AND SERVICES, WITHOUT ACCEPTANCE OF THESE TERMS. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF FILISIA FOR (I) DEATH OR PERSONAL INJURY CAUSED BY THE GROSS NEGLIGENCE OF FILISIA, ITS EMPLOYEES, OR ITS AGENTS; (II) WILLFUL MISCONDUCT OF FILISIA, INCLUDING FRAUDULENT CONCEALMENT OF DEFECTS; OR (III) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
NOTWITHSTANDING THE FOREGOING, IF YOU ARE AN EU RESIDENT AND HAVE PURCHASED FILISIA SOFTWARE ONLINE, AND YOU HAVE NOT STARTED THE DOWNLOAD OR STREAMING PROCESS, YOU MAY HAVE, FOR A SHORT PERIOD, THE RIGHT TO CANCEL THIS AGREEMENT AND RETURN YOUR PRE-DOWNLOADED SOFTWARE WITHIN 14 DAYS OF RECEIVING YOUR SOFTWARE, AS IF FURTHER DESCRIBED IN THE FILISIA GENERAL TERMS OF SALE LOCATED HERE. YOU ACKNOWLEDGE AND AGREE THAT YOU DO NOT HAVE THIS STATUTORY RIGHT OF REFUND FOR SOFTWARE THAT HAS ALREADY BEGUN DOWNLOADING OR STREAMING.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Filisia hardware products, which will be set out in our General Terms of Sale.