“KPMG Audit LLC (“KPMG”) has exceptionally agreed to disclosure in this document of their confidential report, on the basis and subject to the following terms, to which readers’ attention is drawn and acceptance is required: KPMG does not accept or assume responsibility to anyone other than Blackfridge SC Limited for its work, for the Report or for any judgements, findings, conclusions, recommendations or opinions that KPMG has formed or made. The work was undertaken and the Report was issued on agreed terms of engagement, in order that KPMG might state to Blackfridge SC Limited those matters on which it agreed to report and for no other purpose. KPMG’s work and the Report were not planned or prepared in contemplation, or for the purpose, of your interests or needs. Therefore, items of possible interest to you may not have been specifically addressed for the purposes of the Report. KPMG’s use of professional judgement, and the assessment of issues or their relevance (as appropriate) for the purpose of KPMG’s work and the Report mean that matters may have existed that would have been assessed differently by you for your purposes. KPMG does not warrant or represent that the information in the Report is appropriate for your purposes. The Report was not created for, and should not be treated as suitable for, any purpose other than that set out in the Report itself and/or in the terms of engagement agreed with Blackfridge SC Limited.
For the foregoing reasons, the Report cannot in any way serve as a substitute for other enquiries and procedures that you would (or should) otherwise undertake and judgements you must make for the purpose of satisfying yourselves regarding any matters of interest to you regarding the Report or for any other purpose in connection with your interests. Apart from Blackfridge SC Limited, no-one else should rely for any purpose whatsoever upon the Report. To the fullest extent permitted by law, KPMG has no liability to you for any loss or damage suffered or costs incurred by you, arising out of or in connection with the Report, however such loss or damage is caused.
You accept the foregoing terms agree and acknowledge that in respect of the Report (and any part of it) the onus shall be upon you to obtain verification direct with engagement partner rather than seek to rely on KPMG; and to the fullest extent permitted by law, KPMG owes no duty to you, whether in contract or in tort or under statute or otherwise (including in negligence) with respect to or in connection with the Report. If, notwithstanding these terms you do rely upon the Report for any purpose, you will do so entirely at your own risk. You will not bring any actions, proceedings or claims against KPMG where the action, proceeding or claim in any way relates to or concerns or is connected with your use of or reliance on the Report. You will not refer to the Report nor allow access to it to any person or entity without KPMG’s prior written consent.”
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