It makes me wonder: Is this guarantee a cute way of sidestepping a civil court verdict that could easily cost far more? The EULA says: “Licensee acknowledges and agrees that the Guarantee Payment shall constitute the sole and exclusive remedy for any Qualifying Cyber Incident, and no other damages, including, but not limited to, direct, indirect, incidental, or consequential damages, shall be available to the Licensee.”
Asked about this, Speciale said that other paperwork signed by the customers already blocked alternative legal mechanisms, whether by civil lawsuit or arbitration.
“The guarantee is actually an enhancement, since without the Cyber Guarantee, standard commercial terms from most storage vendors, including Scality, disclaim liability for loss of data or a security breach. Our standard liability is also capped at the amount paid by the customer.”
