Inscape Data LinkPower LPS1800 Series, User Manual

Page: 12 / 59

Page 12
Revision 1.0
LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL
RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express
warranty set forth above fails of its essential purpose.
General Terms Applicable to the Limited Warranty Statement, End User License Agreement, and
Supplemental License Agreement
Disclaimer of Liabilities - Limitation of Liability. IF YOU ACQUIRED THE SOFTWARE IN THE
UNITED STATES, LATIN AMERICA, CANADA, JAPAN OR THE CARIBBEAN,
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, ALL
LIABILITY OF INSCAPE DATA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO CUSTOMER, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE,
SHALL NOT EXCEED THE PRICE PAID BY CUSTOMER TO INSCAPE DATA FOR THE
SOFTWARE THAT GAVE RISE TO THE CLAIM OR IF THE SOFTWARE IS PART OF ANOTHER
PRODUCT, THE PRICE PAID FOR SUCH OTHER PRODUCT. THIS LIMITATION OF LIABILITY
FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO
OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). IF YOU ACQUIRED THE SOFTWARE
IN EUROPE, THE MIDDLE EAST, AFRICA, ASIA OR OCEANIA, NOTWITHSTANDING
ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, ALL LIABILITY OF INSCAPE
DATA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND
LICENSORS COLLECTIVELY, TO CUSTOMER, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE, SHALL NOT
EXCEED THE PRICE PAID BY CUSTOMER TO INSCAPE DATA FOR THE SOFTWARE THAT
GAVE RISE TO THE CLAIM OR IF THE SOFTWARE IS PART OF ANOTHER PRODUCT, THE
PRICE PAID FOR SUCH OTHER PRODUCT. THIS LIMITATION OF LIABILITY FOR
SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO OR
MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). NOTHING IN THE AGREEMENT SHALL
LIMIT (I) THE LIABILITY OF INSCAPE DATA, ITS AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS TO CUSTOMER FOR PERSONAL
INJURY OR DEATH CAUSED BY THEIR NEGLIGENCE, (II) INSCAPE DATA’S LIABILITY FOR
FRAUDULENT MISREPRESENTATION, OR (III) ANY LIABILITY OF INSCAPE DATA WHICH
CANNOT BE EXCLUDED UNDER APPLICABLE LAW.