It is understood and agreed by Customer that there is an element of risk associated with vulnerability assessment and penetration testing activities, especially to the systems tested in a live environment. This risk includes the potential that some services on Customer’s system may be rendered unavailable during the test process. Although this risk is mitigated by the use of experienced professional penetration testers and the use of tools obtained from trusted resources, it can never be fully eliminated. It is further understood and agreed by Customer that there is no guarantee that every vulnerability in its systems will be identified during the test.
E-SEALED DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY ACT OR OMISSION OR OTHER PERFORMANCE RELATED TO THE SERVICES, INCLUDING ANY ACT OR OMISSION BY CONTRACTORS OR SUBCONTRACTORS OF E-SEALED, OR FOR THE ACCURACY OF THE INFORMATION PROVIDED AS PART OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
If for any reason the e-Sealed fails to perform Services required under the SOW, the liability of the e-Sealed shall be limited SOLELY to the return of all, or an appropriate portion, of any consideration paid for the Services not performed.