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040-57105-01
BE LIABLE TO THE OTHER PARTY OR ITS RELATED PARTIES FOR CONSEQUENTIAL, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR FOR COST OF COVER, LOST REVENUES,
LOST PROFITS OR LOST DATA OR OTHER ECONOMIC LOSS ARISING FROM ANY CAUSE INCLUDING BUT
NOT LIMITED TO BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR FAILURE
OF ESSENTIAL PURPOSE EVEN IF BRIDGEWAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS
OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS
OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO BUYER.
LIMIT ON LIABILITY. THE MAXIMUM LIABILITY OF BRIDGEWAVE, AND ITS RELATED PARTIES, TAKEN AS
A WHOLE, FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS AND SOFTWARE, INCLUDING
BUT NOT LIMITED TO CLAIMS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, STRICT
LIABILITY, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, SHALL IN NO CIRCUMSTANCE EXCEED THE
PURCHASE PRICE PAID BY BUYER TO BRIDGEWAVE OR BRIDGEWAVE’S AUTHORIZED CHANNEL PARTNERS
FOR THE PRODUCTS AND SOFTWARE.
Statute of Limitations. Any action for breach of or to enforce any right under this Limited Hardware
Warranty or Software License shall be commenced within one (1) year after the cause of action accrues, or
reasonably could have been discovered, or it shall be deemed waived and barred.
Administrative Provisions. This Limited Hardware Warranty and Software License shall be governed by
and construed in accordance with the laws of the State of California, without reference to principles of
conflict of laws, provided that for customers located in a member state of the European Union, Norway or
Switzerland, English law shall apply. The United Nations Convention on the International Sale of Goods
shall not apply. If any portion hereof is found to be void or unenforceable, the remaining provisions of the
Limited Hardware Warranty and Software License shall remain in full force and effect. Except as expressly
provided herein, the Limited Hardware Warranty and Software License constitutes the entire agreement
between the parties with respect to warranties on the Hardware and Licensing of the Software, and
supersedes any conflicting or additional terms contained in any prior or contemporaneous discussion,
negotiation or agreement, including those in any purchase order or order acknowledgment.
