LOGSTAIL SOFTWARE LICENSE AGREEMENT
This SOFTWARE LICENSE AGREEMENT (“Agreement”) governs the licensing, installation, and use of Logstail software and services. By downloading, installing, or using any part of the Logstail software suite, including Logstail Analytics, Logstail SOAR, Logstail GRC, Logstail Security, Logstail Patch Management, Logstail CTI, Logstail Agent, and Logstail Academy: (A) you acknowledge that you have read and understood this Agreement and agree to be legally bound by it on behalf of the company, government, or other entity for which you are acting (e.g., as an employee or government official), or if no such entity exists, on behalf of yourself as an individual; and (B) you represent and warrant that you have the authority to act on behalf of and bind such company or entity, or yourself individually.
Without limiting the foregoing, you acknowledge that by submitting an order for the Logstail Software, you agree to be bound by this Agreement.
As used in this Agreement, “Logstail” refers to Logstail and its subsidiaries and “Customer” refers to the company, government, entity, or individual on whose behalf this Agreement is entered.
- DEFINITIONS
Capitalized terms used in this Agreement but not defined herein have the meanings set forth in Exhibit A.
- LICENSE GRANTS
- Purchased Software
Subject to Customer’s compliance with this Agreement and timely payment of all applicable fees, Logstail grants Customer a non-exclusive, non-transferable, non-sublicensable, worldwide license to install and use the Logstail software products identified in the applicable Order Document (e.g., Logstail Analytics, Logstail SOAR, Logstail GRC, Logstail Security, Logstail Patch Management, Logstail CTI, Logstail Agent, and Logstail Academy) during the applicable term and within the specified Licensed Capacity, solely for internal business purposes.
- Evaluation Software
If software is provided under an evaluation or trial license, Logstail grants a temporary, non-exclusive, non-transferable license to install and use the evaluation software within the Licensed Capacity solely for evaluating the software. Support, warranties, and indemnification are not provided for evaluation software.
- Free Software
Logstail may make certain software available without charge. For such Free Software, Customer may use it under the same terms as Purchased Software, with the understanding that maintenance, support, warranties, and indemnification are excluded.
- Content Subscription
For certain Logstail products, including Logstail Analytics, Logstail SECURITY, Logstail Patch Management, and Logstail CTI, Logstail may offer subscription-based services. During the subscription period, Logstail grants Customer a license to receive and use the subscribed content in connection with designated software.
- Customer Extensions
Customer may develop extensions for use with Logstail software, provided they are solely for internal use and comply with all applicable licensing terms. These must not violate Logstail’s intellectual property or any applicable laws.
- Open-Source Software
Customer acknowledges that certain components of the Logstail Software may include or be provided with Open-Source Software. Open-Source Software is software that is subject to open-source licenses such as the GNU General Public License (GPL), Apache License, MIT License, or other similar licenses.
- Identification: Open-Source Software included in Logstail products may be identified in the end-user documentation, within the software itself, or provided to Customer upon written request.
- License Terms: Any Open-Source Software delivered to Customer as part of the Logstail Software is governed by the respective open-source licenses under which it is distributed. These terms are provided with the Open-Source Software and must be adhered to by the Customer.
- Use in Purchased Software:
- Open-Source Software that is included in or used with the Logstail Software may not be removed, extracted, or used independently from the rest of the Logstail Software, except where explicitly allowed by the terms of the open-source license.
- Open-Source Software included in Purchased Software is covered by the same warranty, support, and indemnification provisions applicable to the overall Purchased Software as outlined in this Agreement, to the extent permitted by the respective open-source license.
- Additional Terms: While the Open-Source Software may have its own specific licensing terms, those terms:
- Will not impose any additional restrictions on Customer’s use of the Logstail Software beyond what is stated in this Agreement.
- Will not negate or modify Logstail’s obligations regarding warranties, support, and indemnification for the Purchased Software, except as required by the respective open-source license.
- Responsibility: Customer acknowledges that specific terms required by the licensor of the Open-Source Software may apply to the use of that software. Customer agrees to comply with all applicable open-source licenses provided with or referenced in the documentation of the Logstail Software. Customer may not reverse engineer, extract, or separate the Open-Source Software from the Logstail Software, nor use Open-Source Software independently from the Logstail Software unless expressly permitted by the Open-Source Software license terms.
- LICENSE RESTRICTIONS
Customer is prohibited from:
(a) Copying, modifying, or creating derivative works from the software, except as permitted.
(b) Reselling, renting, sublicensing, or otherwise distributing the software to third parties.
(c) Reverse-engineering, decompiling, or otherwise attempting to derive source code from the software.
(d) Using the software beyond the Licensed Capacity or for purposes outside of Customer’s internal business.
(e) Exceeding the Licensed Capacity as specified in the applicable Order Document.
(f) Encouraging any third party to engage in the above activities.
- CONSULTANTS AND SERVICE PROVIDERS
Customer may permit authorized consultants, contractors, or agents (“Service Providers”) to access and use the software, provided that such use is strictly on behalf of Customer and within the Licensed Capacity. Customer remains liable for any actions of its Service Providers.
- OWNERSHIP
Logstail and its licensors retain all rights, title, and interest in the software, services, and related intellectual property. Customer’s use of the software is licensed, not sold. Feedback provided by Customer may be used by Logstail without obligation to Customer.
- LICENSE AND SUBSCRIPTION FEES
Customer agrees to pay all applicable fees outlined in the Order. Fees are non-refundable. If payment is not received on time, Logstail reserves the right to terminate the Agreement or suspend access to the software.
- MAINTENANCE AND SUPPORT
For Purchased Software, Logstail offers support and maintenance services as detailed in Exhibit C. No support is provided for Evaluation Software or Free Software unless otherwise agreed upon in writing.
- WARRANTY DISCLAIMER
Except for any express warranty provided with Purchased Software, all software is provided “AS IS”. No warranties, either express or implied, apply to Evaluation Software, Free Software, or any Customer Extensions. Logstail disclaims all warranties of merchantability, fitness for a particular purpose, and non-infringement.
- LIMITATION OF LIABILITY
To the extent permitted by law, Logstail’s cumulative liability will not exceed the amount paid by the Customer for the software in the 12 months preceding the claim. Logstail is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, profits, or business.
- INDEMNITY
Logstail agrees to defend and indemnify Customer against claims alleging that Purchased Software infringes third-party intellectual property rights, subject to the conditions outlined in Exhibit A. Customer agrees to indemnify Logstail against claims arising from Customer Extensions or Customer’s misuse of the software.
- CONFIDENTIAL INFORMATION
Both parties agree to maintain the confidentiality of all proprietary information exchanged under this Agreement. Logstail software, services, and license keys are considered confidential and must not be disclosed to any third parties without Logstail’s consent.
- SOFTWARE VERIFICATION AND AUDIT
Logstail reserves the right to audit Customer’s use of the software to ensure compliance with this Agreement. Any excess usage beyond the Licensed Capacity will result in additional charges, and failure to comply with the terms may result in termination of this Agreement.
Any audit conducted by Logstail will be done with at least 10 business days’ prior written notice and will occur during regular business hours. Customer agrees to provide reasonable cooperation with the audit process. If the audit reveals any usage exceeding the Licensed Capacity, Customer agrees to pay any underpaid fees within 30 days of invoice. If usage exceeds 10% of the Licensed Capacity, Customer will also bear the reasonable costs of the audit.
- TERM AND TERMINATION
This Agreement begins upon delivery of the software or related license key and remains in effect for the duration of the Licensed Term as specified in the Order. Either party may terminate this Agreement in the event of a material breach that is not cured within 30 days of written notice. Upon termination, Customer must immediately stop using the software and return or destroy all copies in its possession.
- EXPORT COMPLIANCE
Customer agrees to comply with all applicable export laws and regulations of the European Union and any other jurisdiction where the software is used, including ensuring that the software is not exported to any country prohibited by applicable export laws.
- GOVERNMENT END USER RIGHTS
If Customer is a government entity, the software is licensed as Commercial Items as defined in 48 C.F.R. § 2.101 (US), Directive 2014/24/EU (EU), Law 4412/2016 (GR) and the government’s use, duplication, or disclosure of the software is subject to restrictions.
- PUBLICITY
Customer agrees that Logstail may list Customer’s name and a brief description of its deployment of the software in Logstail’s marketing materials, website, and press releases.
- THIRD-PARTY CONTENT
Certain Logstail Extensions or other content may be developed and provided by third parties. Logstail makes no warranties regarding third-party content, and Customer’s use of such content is at its own risk.
- CHOICE OF LAW AND DISPUTES
This Agreement is governed by the laws of Greece, excluding its conflict of law principles. Any disputes arising under this Agreement will be resolved in the courts located in Athens, Greece. The parties consent to the jurisdiction of these courts for any dispute.
- GENERAL PROVISIONS
Assignment: Customer may not assign this Agreement without Logstail’s prior written consent.
Notices: Any notices required under this Agreement must be sent in writing to the addresses listed in the applicable Order.
Entire Agreement: This Agreement, together with any applicable Order, constitutes the entire agreement between the parties regarding the subject matter. Amendments must be in writing and signed by both parties.
- Survival
The following provisions will survive any expiration or termination of this Agreement: Definitions, Ownership, License Restrictions, Indemnity, Limitation of Liability, Confidentiality, Export Compliance, Audit, and any payment obligations accrued prior to termination.
EXHIBIT A
DEFINITIONS
- Logstail Materials:
Includes the Logstail software, software license keys, Logstail Developer Tools, Logstail Extensions, related content, documentation, and any other materials provided by Logstail under this Agreement.
Licensed Capacity:
- Refers to the maximum allowable usage of the software or services as specified in the applicable Order. This may include limitations on the number of users, data volumes (e.g., daily indexing volume for Logstail Analytics), number of nodes, number of monitored systems, or other metrics relevant to the particular product.
- Order:
A formal document issued by Logstail or submitted by Customer (or through an authorized reseller) specifying the products or services ordered, the applicable license or subscription fees, term, and other relevant commercial terms. The Order serves as an integral part of the Agreement.
- Customer Extensions:
Software extensions, plugins, or add-ons developed by the Customer using Logstail Developer Tools to enhance or interoperate with Logstail Software. These extensions are used solely for Customer’s internal business purposes, subject to compliance with the applicable licensing terms and restrictions outlined in this Agreement.
- Customer Data:
All data, information, and content inputted, collected, or processed by Customer through the use of the Logstail software, including but not limited to logs, metrics, configurations, and any other information processed by the software. Logstail shall not assume responsibility for the accuracy, quality, or legality of Customer Data, nor the means by which Customer acquires such data.
- Logstail Developer Tools:
Any software development kits (SDKs), APIs, scripts, libraries, tools, or related materials provided by Logstail that allow Customers to create Customer Extensions or facilitate interoperability between Logstail products and Customer’s internal systems.
- Purchased Software:
Refers to the Logstail software products that have been licensed to the Customer and for which the Customer has paid a License Fee as set forth in the applicable Order. This does not include Evaluation Software, Free Software, or Limited Availability Software.
- Evaluation Software:
Logstail software provided to the Customer for evaluation purposes only, typically with a limited feature set and/or term. It is offered without charge and without any support, warranty, or indemnification from Logstail, and must not be used for commercial or production purposes.
- Free Software:
Logstail software provided to the Customer without charge (other than Evaluation Software), which may have feature limitations or reduced functionality. Free Software is provided “as is,” and is not covered by support, warranties, or indemnification.
- Content Subscription:
Refers to the subscription-based service for certain Logstail products such as Logstail CTI, Logstail Analytics, or Logstail Patch Management, where Logstail provides updated content (e.g., threat intelligence feeds, patches, analytics updates) on a periodic basis for use with the corresponding software.
- Service Providers:
Authorized consultants, contractors, or agents who are permitted by Customer to access and use the Logstail software on behalf of the Customer under the terms of this Agreement. Customer remains liable for any actions or violations of the Agreement caused by its Service Providers.
- Logstail Extensions:
Any add-ons, configurations, apps, or modules developed and provided by Logstail (or authorized third parties) that extend the functionality of the Logstail software. These are provided directly by Logstail.
- Support Term:
The period during which Logstail provides support and maintenance for the Purchased Software, as specified in the applicable Order and subject to Customer’s payment of the corresponding support fees.
- Feedback:
Any suggestions, ideas, comments, or recommendations regarding the Logstail software that are provided by the Customer to Logstail. Logstail is free to use and implement such Feedback in its products without any obligation to the Customer.
- Limited Availability Software:
Pre-release, beta, or experimental versions of Logstail products provided to the Customer for limited testing and feedback purposes. These versions are subject to the special terms outlined in Exhibit D and are not intended for full production use.
- Node:
A processing unit, server, or other system that runs part of the Logstail software and contributes to the performance of certain products (e.g., Logstail Analytics, Logstail Security). The exact definition and measurement of a Node may vary by product.
- Daily Indexing Volume:
Refers to the maximum daily amount of uncompressed data that can be processed and indexed by Logstail Analytics or other relevant products, as specified in the Order. This volume is measured in gigabytes (GB) or terabytes (TB) and includes data from all connected sources.
- Licensed Term:
The time period during which the Customer is authorized to use the software under the terms of the Agreement and the applicable Order. This term typically starts on the Delivery Date of the software and lasts for the duration specified in the Order.
- Delivery Date:
The date on which the Logstail software, license keys, or services are first made available to the Customer for download or use. This marks the start of the Licensed Term and the Support Term.
- Disabled Materials:
Certain software features, modules, or functionality that may be included in the Logstail software but are deactivated or unavailable due to licensing restrictions, non-payment of fees, or other limitations.
- Commercial Items:
Refers to the software and services provided to government customers as “commercial items” under U.S. government procurement regulations (e.g., 48 C.F.R. § 2.101), with limited rights and restrictions as described in Section 15 of the Agreement.
- Order Document:
The Order Document is an integral part of this Agreement and sets forth the specific terms under which the Customer licenses the Logstail software and services. The Order Document includes, but is not limited to, the following details:
- Products and Services: The specific Logstail products (e.g., Logstail Analytics, Logstail Security) and any associated services that the Customer is purchasing or subscribing to.
- License Type: The type of license (e.g., paid, free, trial) and any associated restrictions or limitations.
- Licensed Capacity: The capacity limits (e.g., data volume, number of users, or nodes) that apply to the Customer’s use of the software.
- Fees: The total fees associated with the license or subscription, including any setup, support, or maintenance costs.
- Term and Renewal: The duration of the license or subscription and any renewal terms that apply.
- Delivery Date: The date on which the software or services are first made available to the Customer.
- Support: Details regarding the level of support and maintenance provided, if applicable.
EXHIBIT B
LICENSED CAPACITY
Product | Licence Type | Licensed Capacity |
Logstail Analytics | Paid License | “Daily Indexing Volume” means the maximum daily aggregate volume of uncompressed data for indexing as set forth in the Order Document |
Free License | 500MB of uncompressed data for indexing per day | |
Trial License | 3GB of uncompressed data for indexing per day | |
Logstail Security | Paid License | “Daily Indexing Volume” means the maximum daily aggregate volume of uncompressed data for indexing as set forth in the Order Document |
Logstail SOAR (Beta Version) | Paid License | Part of Logstail Security |
Logstail GRC | Paid License | Part of Logstail Security. |
Logstail Patch Management (Requires Logstail Security) | Paid License | “Daily Indexing Volume” means the maximum daily aggregate volume of uncompressed data for indexing as set forth in the Order Document |
Logstail CTI | Paid License | Licensed per API Key (Requires Logstail Security) |
Logstail Academy | Paid License | Licensed by the number of users enrolled. |
EXHIBIT C
LOGSTAIL SUPPORT AND MAINTENANCE TERMS AND CONDITIONS
Logstail offers different levels of support depending on the product and the customer’s subscription. This exhibit defines the various support priorities and details the service levels associated with each support case. Subject to Customer’s timely payment of the applicable support fees, Logstail will provide support in accordance with the following terms:
- SUPPORT DEFINITIONS
- P1 – Critical Priority:
Purchased Software is completely inaccessible, or the majority of its functionality is unusable.
- P2 – High Priority:
One or more key features of Purchased Software are unusable.
- P3 – Medium Priority:
Any other case where a Purchased Software feature is not operating as documented.
- P4 – Low Priority:
General questions and requests for enhancements to the Purchased Software.
- SUPPORT AVAILABILITY
The availability of support services depends on the customer’s subscription level and the priority of the issue. Logstail offers three tiers of support:
- Standard Support:
Available for P3 and P4 issues only. Response times apply during business hours, typically Monday to Friday, 9 am to 5 pm local time. No support outside of these hours is available for Standard Support customers.
- Enterprise Support:
Provides 24×7 support for P1 and P2 issues, with next business day response for P3 and P4 issues.
Includes access to a support portal, online documentation, and telephone support.
- Global Support:
Includes all features of Enterprise Support, with the addition of 24×7 availability for P2 issues and continuous engagement for P1 issues until resolution.
A dedicated account manager is assigned, who regularly monitors the customer’s support cases and arranges quarterly reviews of issues and metrics.
Service Level Credits:
If Logstail fails to meet the response times or resolution targets specified for the applicable support level, Customer may be eligible for service credits, to be applied toward future support renewals. Any such credits must be requested in writing within 30 days of the event.
- TARGET FIX, WORKAROUND, AND STATUS UPDATES
Logstail aims to resolve issues based on the following response and resolution times:
Priority Level | Initial Response Time | Target Fix/Workaround | Status Updates |
P1 – Critical | 4 hours | Continuous until resolved | Daily |
P2 – High | Next business day | Within 2-3 business days | Weekly |
P3 – Medium | Two business days | Next maintenance release | None |
P4 – Low | Two business days | At Logstail’s discretion | None |
- AUTHORIZED SUPPORT CONTACTS
Support is provided to authorized individuals designated by the Customer. The number of authorized support contacts may vary based on the license level purchased. Logstail recommends that authorized support contacts have adequate training on the Logstail software.
- EXCLUSIONS FROM SUPPORT
Logstail will not provide support for issues arising from the following:
- Modifications to the software not made or approved by Logstail.
- Third-party software or hardware issues that are not documented as supported by Logstail.
- Improper use or failure to follow the documentation.
- Use of the software with unsupported environments, hardware, or configurations.
- Issues with Evaluation Software, Free Software, or extensions unless otherwise agreed.
If a reported issue is determined to be caused by one of the above exclusions, Logstail will inform the Customer as soon as possible. Support for such excluded issues can be provided at time-and-materials rates, subject to the Customer’s approval.
- SUPPORT HOURS
Support is available according to the following schedule:
- P1 and P2 (Enterprise and Global Support): 24×7 support for critical issues.
- P3 and P4: Monday to Friday, 9 am – 5 pm (local time), excluding Logstail holidays.
- TERM AND TERMINATION
The Support Term begins on the Delivery Date of the software and continues for one year, unless otherwise agreed. The agreement will automatically renew for additional one-year terms unless either party provides 30 days’ written notice prior to the end of the current term.
If Logstail breaches the support terms and fails to cure the breach within 30 days, the Customer may terminate the agreement and receive a prorated refund for any unused support fees.
- CHANGES IN SUPPORT AND SOFTWARE
Logstail reserves the right to modify or discontinue support at any time, provided that such changes will not diminish support levels during the current term. If significant changes are made, Logstail will provide the Customer with 30 days’ written notice.
- FORCE MAJEURE
Logstail will not be liable for any failure or delay in its performance under this Agreement or in providing the services and support outlined in these Terms and Conditions due to causes beyond its reasonable control. These causes include, but are not limited to:
- Labor disputes, strikes, lockouts, or shortages of labor,
- Inability to obtain energy, raw materials, or supplies,
- War, terrorism, armed conflict, or acts of public enemies,
- Riot, civil unrest, or public disturbances,
- Acts of God (e.g., natural disasters such as earthquakes, hurricanes, floods, or other extreme weather events),
- Governmental actions, orders, or regulations, including embargos, trade restrictions, or quarantines,
- Failure of telecommunications or transportation networks,
- Any other cause, whether similar or dissimilar to the above, that is beyond Logstail’s reasonable control.
In the event of such a delay or failure, the performance timeline under this Agreement will be extended by a period equal to the time lost due to the force majeure event. If the force majeure event continues for a period exceeding 60 days, either party may terminate the affected services with written notice to the other party, without further liability except for obligations accrued prior to the date of termination.
EXHIBIT D
LIMITED AVAILABILITY SOFTWARE TERMS AND CONDITIONS
The additional terms and conditions of this Exhibit D shall apply to any Limited Availability Software provided by Logstail under this Agreement.
- DEFINITIONS
“Limited Availability Software” means any version of a Logstail product, service, or technology identified as such on the software download page, landing page, invitation email, or other notification provided by Logstail (the “Cover Page”). Limited Availability Software refers to pre-release, beta, or experimental versions of the software offered for limited testing and feedback purposes and will be deemed as Purchased Software for the purpose of this Agreement.
- ADDITIONAL COVENANTS
By accepting and using the Limited Availability Software, the Customer agrees to the following additional terms:
- Deployment: The Customer shall make reasonable efforts to deploy the Limited Availability Software in a real-world production environment, as instructed by Logstail.
- Active Use: The Customer agrees to actively use the Limited Availability Software and provide ongoing feedback to Logstail as necessary. This may include participating in monthly or bi-weekly feedback sessions to report on the software’s performance, functionality, and issues.
- Reference Customer: If the Customer has a positive experience with the Limited Availability Software, they agree to consider acting as a reference customer for Logstail, potentially participating in two or more of the following activities:
- Customer case study
- Video testimonial or production
- Industry analyst conversation
- Public quote on Logstail collateral or website
- Speaking engagement at Logstail conferences or events
- NO RELIANCE
The Customer acknowledges that Logstail makes no representations or guarantees regarding any forward-looking statements provided in relation to the Limited Availability Software. Forward-looking statements may include future Logstail product features, performance expectations, roadmap details, or potential enhancements.
- No Obligation: Any forward-looking statements or information about the roadmap reflect current expectations and estimates based on known factors. Actual results may vary, and Logstail is under no obligation to update or implement the features discussed.
- Informational Only: The roadmap and forward-looking statements are provided for informational purposes only and do not form any part of this Agreement or any other contract.
- No Guarantee of Release: Logstail is not obligated to develop or release any specific features or functionality, even if they were reviewed or discussed as part of the Limited Availability Software program. Furthermore, there is no guarantee that features tested as part of the Limited Availability Software will be included in future releases.
- LIMITATIONS AND DISCLAIMERS
The Limited Availability Software is provided on an “as-is” basis with no warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The Customer acknowledges the following limitations:
- No Support Obligation: Logstail is not obligated to provide technical support or maintenance services for Limited Availability Software. Any support provided will be at Logstail’s sole discretion.
- No Warranty: Logstail provides no guarantee that the Limited Availability Software will function without defects, interruptions, or errors. The Customer agrees to use the software at their own risk.
- TERMINATION
Logstail reserves the right to terminate access to or use of the Limited Availability Software at any time, with or without cause, by providing notice to the Customer.
- Automatic Termination: The Limited Availability Software license will automatically terminate upon the release of the final commercial version of the software, or at the end of the designated testing period specified in the invitation or notification provided by Logstail.
- Post-Termination Obligations: Upon termination, the Customer must immediately stop using the Limited Availability Software and remove all copies from their systems. At Logstail’s request, the Customer shall certify the destruction or removal of the Limited Availability Software in writing.
- FEEDBACK AND INTELLECTUAL PROPERTY
Logstail welcomes and encourages feedback on the Limited Availability Software. By providing feedback, the Customer agrees that:
- Ownership of Feedback: All feedback, suggestions, improvements, or modifications submitted to Logstail regarding the Limited Availability Software may be used freely by Logstail without any obligation to the Customer. This feedback may be incorporated into future releases or other Logstail products.
- No Compensation: The Customer acknowledges that they will not be entitled to any compensation or rights in any enhancements or improvements resulting from their feedback.
- CONFIDENTIALITY
The Customer agrees that the Limited Availability Software and any related communications, specifications, or documentation provided by Logstail are considered Confidential Information under this Agreement.
- Non-Disclosure: The Customer agrees not to disclose, share, or otherwise make available the Limited Availability Software, or any related information, to third parties without Logstail’s written consent.
- Duration: The confidentiality obligations related to the Limited Availability Software shall continue until such software is made commercially available by Logstail or for a period of three (3) years, whichever is earlier.
- LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Logstail’s total cumulative liability to the Customer for any claims arising out of or related to the Limited Availability Software will not exceed the amount paid, if any, for the Limited Availability Software.
Logstail will not be liable for any special, incidental, consequential, or punitive damages, including but not limited to loss of data, profits, or business interruption, even if advised of the possibility of such damages.