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misappropriation of any patent, trademark, mask work, copyright, trade
secret or any actual or alleged violation of any other intellectual property
rights arising from or in connection with the products, except to the extent
that such infringement exists as a result of Aeon Labs’ manufacturing
processes.
IN NO EVENT SHALL AEON LABS BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR
DAMAGES FOR LOSS OF PROFITS, REVENUE, OR USE INCURRED BY
CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN
CONTRACT, OR TORT, OR OTHERWISE EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. AEON LABS’ LIABILITY
AND
CUSTOMER’ S EXCLUSIVE
REMEDY FOR ANY CAUSE OF ACTION
ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SALE OR
USE OF THE PRODUCTS, WHETHER BASED ON NEGLIGENCE, STRICT
LIABILITY, BREACH OF WARRANTY, BREACH OF AGREEMENT, OR
EQUITABLE PRINCIPLES, IS EXPRESSLY LIMITED TO, AT AEON LABS’
OPTION, REPLACEMENT OF, OR
REPAYMENT OF THE PURCHASE
PRICE FOR THAT PORTION OF PRODUCTS WITH RESPECT TO
WHICH
DAMAGES ARE CLAIMED. ALL CLAIMS OF ANY KIND ARISING IN
CONNECTION WITH THIS
AGREEMENT OR THE SALE OR USE OF
PRODUCTS SHALL BE DEEMED WAIVED UNLESS MADE IN WRITING
WITHIN THIRTY (30) DAYS FROM AEON LABS’ S DELIVERY, OR THE
DATE FIXED FOR DELIVERY IN THE EVENT OF NONDELIVERY.
