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249 At the relevant times, the SSA contained terms which included the following statements
| 1 January 2011 to around August 2012 | Clause 9 | "DISCLAIMERS; LIMITATION OF LIABILITY; NO GUARANTEESA. DISCLAIMERSTHE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF … THE SOFTWARE REMAINS WITH YOU, THE USER. VALVE EXPRESSLY DISCLAIMS (1) ANY WARRANTY FOR … THE SOFTWARE …, AND (11) ANY COMMON LAW DUTIES WITH REGARD TO … THE SOFTWARE … INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK OF WORKMANLIKE EFFORT … THE SOFTWARE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, 'WITH ALL FAULTS' AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. … THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.…C. NO GUARANTEESVALVE DOES NOT GU ARANTEE CONTINUOUS ERROR-FREE, VIRUS FREE, OR SECURE OPERATION AND ACCESS TO … THE SOFTWARE … |
| August 2012 to commencement of proceedings | Clause 7 | "DISCLAIMERS; LIMITATIONS OF LIABILITY: NO GUARANTEESFOR EU CUSTOMERS, THIS SECTION 7 DOES NOT REDUCE YOUR MANDATORY CONSUMERS' RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.A. DISCLAIMERS |
