15
NO IMPLIED WARRANTY, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, APPLIES TO THE FLASH
AFTER THE APPLICABLE PERIOD OF THE EXPRESS
LIMITED WARRANTY STATED ABOVE, AND NO OTHER
EXPRESS WARRANTY OR GUARANTY, EXCEPT AS
MENTIONED ABOVE, GIVEN BY ANY PERSON OR
ENTITY WITH RESPECT TO THE FLASH SHALL BIND
HARVEST ONE LIMITED. HARVEST ONE LIMITED
SHALL NOT BE LIABLE FOR LOSS OF REVENUES OR
PROFITS, INCONVENIENCE, EXPENSE FOR SUBSTITUTE
EQUIPMENT OR SERVICE, STORAGE CHARGES, LOSS
OR CORRUPTION OF DATA, OR ANY OTHER SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED
BY THE USE OR MISUSE OF, OR INABILITY TO USE,
THE FLASH, REGARDLESS OF THE LEGAL THEORY
ON WHICH THE CLAIM IS BASED, AND EVEN IF
HARVEST ONE LIMITED HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL RECOVERY OF ANY KIND AGAINST HARVEST
ONE LIMITED GREATER IN AMOUNT THAN THE
PURCHASE PRICE OF THE CACTUS FLASH AF45 SOLD
BY HARVEST ONE LIMITED OR ITS AUTHORIZED
DEALERS AND CAUSING THE ALLEGED DAMAGE.
WITHOUT LIMITING THE FOREGOING, YOU ASSUME
ALL RISK AND LIABILITY FOR LOSS, DAMAGE OR
INJURY TO YOU AND YOUR PROPERTY AND TO
OTHERS AND THEIR PROPERTY ARISING OUT OF USE
OR MISUSE OF, OR INABILITY TO USE, THE CACTUS
FLASH AF45 NOT CAUSED DIRECTLY BY THE
NEGLIGENCE OF HARVEST ONE LIMITED. THIS
LIMITED WARRANTY SHALL NOT EXTEND TO ANYONE
OTHER THAN THE ORIGINAL PURCHASER OF
HARVEST ONE LIMITED, OR THE PERSON FOR WHOM
IT WAS PURCHASED AS A GIFT, AND STATES YOUR
EXCLUSIVE REMEDY.