Sophos is providing the agreed installation, configuration or similar services (collectively “installation services”) to customer as a courtesy. By engaging Sophos for the performance of installation services, whether: (I) orally, (II) in writing (including via email) or (III) by granting Sophos personnel access to any customer system; customer accepts the installation services “as is”, and to the extent permitted by applicable law, Sophos expressly disclaims all representations, warranties and/or conditions of any kind with respect to the installation services, whether express or implied, including without limitation any representation, warranty, condition, or other implied term as to merchantability, fitness for a particular purpose, or non-infringement. Sophos makes no warranty or representation that the installation service will meet customer’s requirements, will achieve any specific result, or will not interfere with customer’s systems. Sophos customer acknowledges and agrees that customer is responsible for customer’s systems and for any impact that the installation services may have on those systems.
In no event will Sophos be liable for any indirect, consequental, incidental, special, punitive, exemplary damages, or any loss of use, loss of revenues, business, profits (in each case whether direct or indirect), data loss or corruption, in connection with its performance of the installation services, even if the damages were foreseeable or Sophos had been advised of the possibility of those damages. This limitation of liability will not apply to the extent it is prohibited by applicable law, or to liability arising from fraud, gross negligence or willful misconduct of Sophos.
In no event will the aggregate liability of Sophos or its affiliates for any damages arising out of or related to the installation services exceed (I) the greater of the sum paid by customer for the installation services or (II) $100.
These limitations and exclusions of liability apply (A) whether such claims arise under contract, tort (including negligence), equity, statute, or otherwise, and (B) notwithstanding the failure of the essential purpose of any remedy.