Datto Unified Backup Terms of Use

Terms of Use

Updated as of April 8, 2024

These Datto Unified Backup Terms of Use (“Terms“) govern your use of the following products:

• SIRIS
• ALTO
• Datto NAS
• Datto File Protection
• Datto Workplace
• Datto Backup for Microsoft Azure
• Datto Endpoint Backup with Disaster Recovery
• Datto Endpoint Backup
• Datto Endpoint Backup for PCs

(collectively, “Products“). For clarity, the Products includes the Kaseya Services related to the Products.  By purchasing or using the Products, you agree to be bound by these Terms, which are incorporated into the Kaseya Master Agreement (the “Master Agreement”) available here. Capitalized terms not defined in these Terms have the meaning given to them in the Master Agreement.  The Terms and the Master Agreement are collectively referred to as the “Agreement”).  Certain Products have additional terms specific to those Products, which can be found at the end of these Terms (“Product Specific Terms”).  If the Master Agreement and these Terms conflict, these Terms will take precedence with respect to the Products. If you do not agree to these Terms, do not register, access or use any of the Products.

1. USE OF PRODUCTS

a.         Right to Use. Subject to your compliance with the Agreement and the receipt by us of all fees applicable to the Product, Kaseya grants you a limited, revocable, non-sublicensable, non-exclusive right and license to access and use the Product in accordance with the Product Documentation. If your use of the Product involves the use of agent Software, you hereby agree to the terms of all applicable agent Software licenses.

b.         Third Party Technology/License Terms. – Certain Products may involve or allow for the use of third party technology, which is subject to such third parties’ terms. The terms of certain such third parties are located under the heading “BCDR Third Party Terms” on the Online Portal. You agree that your use of a Product is deemed your express consent to all such applicable BCDR Third Party Terms.

c.          End User Terms. If you use or manage a Product on behalf of another entity (a “Client”), if you resell a Product to another entity, or if you authorize a Client to directly use or support a Product, you must ensure that the Client or customer agrees to an enforceable contract between you and the End User that has terms with the same substantive rights and obligations as the End User Terms attached as Exhibit A hereto.

d.         Cloud Virtualization and Fair Use Allotments for certain Products.

• Cloud Virtualization: Certain Products provide customers with the ability to compute from the Datto Cloud during virtualizations (“Cloud Virtualization”).  Cloud Virtualization is intended for emergency periods and DR preparedness testing only, and not as a non-emergency production environment.  Accordingly, Kaseya reserves the right to disable Cloud Virtualizations that extend beyond the term of a documented business continuity event or a limited testing period.
• General Fair Use: All access and use of BCDR Products are subject to the Fair Use policies set forth in the Master Agreement, which prohibit use that: (i) results in excessive bandwidth or storage; (ii) harms the Product, networks or other resources; and/or (iii) circumvents the intended use of the Product.
• Products with Fair Use Allotments: Service Subscriptions of Datto Endpoint Backup require the purchase of additional storage beyond Fair Use allotments (which may vary based on your Order).  Please review the Product Specific Terms for Datto Endpoint Backup in Section 6, below for the limits applicable to that Product.

2.         SERVICE SUBSCRIPTIONS

a.         Service Subscription Required. All rights to use the Products are conditioned upon enrollment in a valid Service Subscription for which we receive timely payment.  A Service Subscription includes a Retention Schedule, Committed Service Term and License count.  Service Subscriptions include applicable Licenses to the technology needed to perform the core functions of the applicable Product and access to Technical Support.

b.         Registration of Product. You are required to register each Product with us in order to use the Products. During registration, you agree to provide accurate and complete information, and you further agree to promptly update this information should it change. If a Product is not properly registered in a current, paid Service Subscription we have no obligation to allow access to or use of the Product, nor to provide any related Services.

c.          Retention Schedules.  With respect to most Products, you will purchase a specific Retention Schedule along with your Service Subscription, which governs the frequency of backups, pruning, and period of retention.  Details regarding Retention Schedules change over time and vary depending on the Product.  Such details are described in Section 4 (below) and/or in the Product Documentation.

d.         Committed Service Term. The Committed Service Term of a Service Subscription is indicated on the applicable Order and is for a defined number of consecutive months.  Committed Service Term options vary by Product and not all options are available for all Products.

e.         Automatic Renewals and Cancellation of Services.  Service Subscriptions on SIRIS, ALTO and Datto NAS Products that are not on a month-to-month term will automatically renew for subsequent Committed Service Terms of 12 months.  All other Products described herein will automatically renew for subsequent Committed Service Terms equal in length to the expiring Committed Service Term.  You may cancel and avoid automatic renewal (or change the length of the Committed Service Term, even moving to month-to-month if available) by providing written notice to Kaseya at least thirty (30) days prior to the end of the current Committed Service Term. Committed Service Terms will continue until affirmatively cancelled by you and incur Service Subscription fees, even if it has no remaining enrolled Protected Systems, or is otherwise no longer taking backups.

f.          Cloud Virtualization.  Not all Products provide for Cloud Virtualization; if this feature is important to you, please ensure that the Product you are purchasing has Cloud Virtualization before purchase.  For example, Datto Endpoint Backup with Disaster Recovery provides for Cloud Virtualization, whereas Datto Endpoint Backup does not.  You will not be eligible to upgrade to a Product with Cloud Virtualization during a disaster scenario or otherwise after your purchase.

g.         Round Trips and Reverse Round Trips.  RoundTrip service is used to expedite the replication of large data sets from a local Datto device to the Datto Cloud for certain Products.  Reverse RoundTrip service is fee-based and used to retrieve large data sets from the Datto Cloud.  These services involve the use of physical storage devices supplied by Kaseya or you. You are responsible to pay the cost of any RoundTrip storage device provided by Kaseya if it is damaged or lost in your custody or during shipments, or if you fail to return it.  RoundTrip and Reverse RoundTrip services are subject to Kaseya’s standard procedures and terms, which can be found in the Product Documentation, and may not be available for all Products.

h.         Upgrades.  Kaseya typically allows you to purchase a new device and return an existing device in the form of an Upgrade.  If you are interested in an Upgrade, please contact your Kaseya Account Manager for any available Upgrade paths for your device, and consult the Product Documentation to learn more about Upgrade options.  Should you proceed with an Upgrade, Kaseya’s standard Upgrade procedures and terms must be followed.

3.         PAYMENTS AND BILLING

a.         Billing and Invoicing.  Service Subscription Fees for a Product are set forth on the applicable Order.  Unless annual prepayment is made, such fees are due and payable upon invoice receipt commencing on the first day of the month following the Activation Date, and are billed monthly in advance on the first day of the following months through the Committed Service Term. In the first month following the Activation Date, additional charges may be due covering the partial month period from the Activation Date through the end of that month.  A Service Subscription ends on the last day of a calendar month.   Certain Products allow for the prepayment of a Service Subscription. If a prepaid Service Subscription terminates prior to the end of the Committed Service Term, no refund for unused Service will be given.

b.         Committed Service Terms.  A Committed Service Term will commence on the first of the month following the “Activation Date” or “Effective Date” of the Service Subscription, which is listed on the applicable Order.   If any Service Subscription includes an initial period with no charge or reduced charge, the first Committed Service Term will be extended automatically by the length of such period, but later, renewal Committed Service Terms will not be extended.  You agree to pay Service Subscription fees for the entire Committed Service Term. If you terminate a Subscription at any time during a Committed Service Term, a lump sum payment (equal to 100% of the monthly unpaid Service Subscription fee multiplied by the number of months remaining in the Committed Service Term less any amounts already prepaid) will be due immediately and charged to your preferred payment method.

4.         RETENTION SCHEDULES AND TERMINATION

a.         Local and Cloud Backups and Retention Schedules.  Certain Products may retain backups on a local device and/or in the Cloud.  Data associated with Products that provide for Cloud backup will be retained as specified by the Retention Schedule that you purchase for as long as the Product is under an active Service Subscription.  Retention on local devices are set and controlled by you; it is your obligation to understand how retention works, including the pruning schedules that are associated with each Retention Schedule.

b.         Examples of Retention Schedules.  Depending on the Product purchased, available Retention Schedules may include the following.  Details of the different Retention Schedules available to you are set forth in the Product Documentation and must be consulted to understand the manner in which backups are “rolled-up” from intra-dailies to weeklies and then to monthly backups, and are “pruned.”

c.          Retention of Data After Termination.  If a Service Subscription terminates, Kaseya reserves the right to delete the backups in the Datto Cloud associated with the terminated Service Subscription as set forth in the following table. It is your responsibility to export or retrieve a copy of any of your backups in a timely manner.

d.         Return of Hardware.  If Kaseya provided you with hardware for use under a subscription model where there is no additional charge for the hardware, you must return the hardware within thirty (30) days of the end of the Service Subscription.  For Subscriptions of 12 months or more, if you wish to renew your Service Subscription, please speak to your Kaseya Account Manager about either continued use of your current hardware during the new Committed Service Term, or replacing it with new hardware.  It is your obligation to remove all data from hardware before returning it.  Please contact Kaseya Technical Support to start a return process when needed; you must follow Kaseya’s standard return guidelines.  Should you fail to return hardware when required, Kaseya will invoice you (and you agree to pay) the then-current, non-discounted purchase price of new hardware of the same type or, if such hardware is no longer offered by Kaseya, the last non-discounted price of such hardware.

5.         WARRANTY

a.         Standard Limited Hardware Warranty for SIRIS, ALTO and Datto NAS.  Newly purchased SIRIS, ALTO or Datto NAS hardware is warranted against defects in materials and workmanship under normal use, handling and installation for the warranty period stated in the table below, which starts on the date the hardware is shipped to you. For hardware that is in-warranty and found by Kaseya to be defective, Kaseya’s warranty obligations are limited to, at Kaseya’s option, either: (i) repairing the device using new or refurbished parts that are equivalent to new in performance and reliability; (ii) replacing the device with one that is new or formed from new and/or refurbished parts that are equivalent to new in performance and reliability; or (iii) issuing a credit for the device. To be eligible for warranty service, a device must be continuously enrolled in an active Service Subscription throughout the warranty period, for which payment is current. Kaseya’s warranty does not extend to or include Software included with the associated device. All warranty claims must be received by Kaseya within the applicable warranty period.

*Lifetime warranty ends upon the earlier of: (a) the termination of the Service Subscription or; (b) the product model End of Life date.

b.         Exclusions from Warranty. Kaseya’s hardware warranty does not cover device defects or failures resulting from 1) accident, neglect or abuse; 2) improper installation or maintenance; or 3) modifications, repairs, improvements, installation of third party software, or other changes to the hardware or software components of the device that have not been authorized in writing by Kaseya. You are responsible for any costs related to the foregoing exclusions.

c.          Warranty on Repair/Replacement Devices.  A replacement device will continue to be under warranty for a period equal to the greater of (i) the balance of the existing warranty period for the original device; or (ii) sixty (60) days.

d.         Warranty Returns.  You will be required to follow Kaseya’s standard RMA guidelines on packaging and shipping when returning defective Product for replacement or repair.  An RMA may be commenced by contacting Technical Support.  To avoid inadvertent data loss, please note that we will not automatically cancel a Service Subscription on a hardware device that has been authorized for return. Instead, we will terminate the Service Subscription as of the last day of the month we receive a returned device. If you do not return a device to us that is being replaced (for warranty, upgrade, or any other reason), billing will continue on the device until you cancel the Service Subscription.

e.         Limit on Warranty.  THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY KASEYA AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

6.         PRODUCT SPECIFIC TERMS.

a.         Datto Backup for Microsoft Azure

1. Description of Product and Use.  Datto Backup for Microsoft Azure protects Content associated with applications running on Microsoft Azure virtual machines controlled by you or your Client (each a “Protected System”).  Protected System(s) are designated by you when you register the Product.  You or your Client (and not Kaseya), are responsible for each Protected System environment, including its access, security, rights, structure, configuration and all charges applicable to use of the Protected System.

1. Special Subscription Considerations for Datto Backup for Microsoft Azure.  All Protected Systems in a Datto Backup for Microsoft Azure Service Subscription must have the same Committed Service Term and Retention Schedule, and must be located in the same Azure region.

1. Access to Protected Systems.  You must maintain authorization and access to the Protected Systems so that Kaseya is regularly able to access it for purposes of providing the Product. We may not be able to capture backups and/or Content held in our Product platform may not be available or restorable if the Protected System becomes unavailable to us for any reason such as, for example, our access authority to a Protected System is changed or otherwise restricted due to changes in the Protected System provider’s API, permissions or access guidelines.

b.         Datto Workplace

i.          How Datto Workplace is Organized and Charged.  Workplace Manager is a web portal that allows you to provision and manage Datto Workplace for your Clients.  Datto Workplace Clients are organized into Teams.   User Licenses, Server Licenses and storage are allocated to Teams.  Actual usage is calculated by adding allocated Licenses and storage to active Teams in your Workplace Manager portal (“Actual Usage”).  You will be billed monthly at the greater of Actual Usage or the number of Licenses designated in your Service Subscription for a Committed Service Term.

ii.         Service Plans.  Each Team is configured under an available Service Plan.  Full details and features of available Service Plans are set forth in the Product Documentation and may include plans that are unlimited or metered.  You are responsible for creating, managing and deleting Teams in your Workplace Manager account, using permissions and security levels as available. You, and not Kaseya, are responsible for supporting your Teams and Clients.

iii.         End user Terms.  End User Terms for Datto Workplace are made available at time of registration of the individual users.

c.         Datto Endpoint Backup 

i.           Differentiating the Products.  There are several Products with “Datto Endpoint Backup” in the title, and each has discreet functionality.  Please be aware of these differences when purchasing the Products.  Please note that Datto Endpoint Backup with Disaster Recovery allows for Cloud Virtualization and failback, as well as the ability to compute from the Datto Cloud.  Datto Endpoint Backup does not provide for Cloud Virtualization.  For more information about additional differences between Datto Endpoint Backup and Datto Endpoint Backup with Disaster Recovery consult the Product Documentation.

ii.         Pooled Storage, Fair use and Excess Storage.  Licenses for Datto Endpoint Backup are purchased with a certain amount of “Fair Use” Datto Cloud storage included, which is pooled across all licenses (a “Storage Pool”).  For example, if you purchase 100 Datto Endpoint Backup Licenses, each with a Fair Use amount of 250GB of Datto Cloud storage included, you have a Storage Pool of 25,000GB of Datto Cloud Storage.

• You can expand your Fair Use allotment by purchasing additional Datto Cloud storage.  You pay for the additional Cloud storage monthly in advance throughout the Committed Service Term, regardless of whether it is used.  The Fair Use allotment purchased may not be decreased during a Committed Service Term.
• If you exceed your Fair Use allotment (in the above example, if you exceed 25,000GB of Datto Cloud Storage at any time during the month), you will automatically be charged for “Excess Storage,” billed at the then-current rates, but monthly in arrears.  If in later months you fall back within your Fair Use allotment (in the above example, you drop below 25,000GB), you will not be charged for Excess Storage during such months.

Exhibit A

Datto Unified Backup 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 Datto Unified Backup product (“Product”) will be used. Kaseya does not provide the Product directly to you. The Product is sold and provided by Kaseya US, LLC (in the United States) or one of its affiliates outside of the United States (“Kaseya”) directly to the reseller/managed service provider (“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.         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.

2.         KASEYA’s RIGHTS AND RESPONSIBILITIES REGARDING CONTENT

a.         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 Statement that can be viewed here, or as authorized by an Administrator for support.

b.         Kaseya’s Rights. In the event that Kaseya reasonably believes Content or ruse of a Product use 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 required to comply with law or any judicial, regulatory or other governmental order or request, or to avoid damage or loss to Kaseya or others. In the event that Kaseya takes any such action without prior notice, Kaseya will provide notice to the Administrator, unless prohibited by law.

c.          Use of Aggregate Data. Notwithstanding anything to the contrary in these Terms or elsewhere, Kaseya may evaluate and process use of the Product 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 use, demand, and general industry trends, develop and publish white papers, reports, and databases summarizing the foregoing, and generally for any lawful purpose related to Kaseya’s business. Kaseya retains all intellectual property rights in Aggregate Data. Again, for clarity, Aggregate Data does not include any personally identifiable information nor identify any End User or individual.

c.          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.

e. 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 test, troubleshoot, update, analyze use of or modify the Product or the environment in which it operates.

3.         ADMINISTRATOR

a.          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.

b.         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.

4.         YOUR DIRECT USE OF A PRODUCT

If the Administrator authorizes you to access or use a Product directly, such as through the Product interface or 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.

5.         SECURITY

a.          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.

b.         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.

6.         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.

7.         LIMITATIONS OF LIABILITY

ANY PRODUCT WARRANTIES ARE MADE TO THE ADMINISTRATOR THAT PURCHASED THE PRODUCT ON YOUR BEHALF, AND NOT DIRECTLY TO YOU.  THEREFORE, 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.

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 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.