S O F T W A R E L I C E N S E A N D P O L I C I E S
Data Device Corporation
SB-3624XIX-3L0 Manual
www.ddc-web.com
Rev D -10/15
xi
or failure to provide support or other services, information, software, and related
content through the Product or otherwise arising out of the use of the Product.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN
OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL DDC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR
CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION,
FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY
DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR
NEGLIGENCE, AND FOR ANY OTHER LOSS WHATSOEVER) ARISING OUT OF
OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE
PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR
OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT
THROUGH THE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE
PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY
PROVISION OF THIS SLA, EVEN IN THE EVENT OF THE FAULT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR
BREACH OF WARRANTY OF DDC OR ANY SUPPLIER, AND EVEN IF DDC OR
ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES
Notwithstanding any damages that you might incur for any reason whatsoever
(including, without limitation, all damages referenced above and all direct or general
damages), the entire liability of DDC and any of its suppliers under any provision of
this SLA and your exclusive remedy for all of the foregoing (except for any remedy of
repair or replacement elected by DDC with respect to any breach of the Limited
Warranty) shall be limited to the amount actually paid by you for the Product. The
foregoing limitations, exclusions and disclaimers (including Sections 0, 0, 0, and
0above) shall apply to the maximum extent permitted by applicable law.
U.S. GOVERNMENT LICENSE RIGHTS
All Product provided to the U.S. Government is provided with the commercial license
rights and restrictions described elsewhere herein.
APPLICABLE LAW
This SLA is governed by the laws of the State of New York.
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