Inscape Data LinkPower LPS1800 Series, User Manual

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OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE
DAMAGES, HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, IN CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR WHETHER ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE, EVEN IF, IN EACH CASE, INSCAPE DATA, ITS
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS,
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES
OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT FULLY APPLY TO YOU.
THE FOREGOING WAIVER SHALL NOT APPLY TO ANY LIABILITY ARISING OUT OF OR IN
CONNECTION WITH: (I) DEATH OR PERSONAL INJURY, (II) FRAUDULENT
MISREPRESENTATION, OR (III) INSCAPE DATA'S LIABILITY IN CONNECTION WITH ANY
TERMS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
For all countries referred to above, Customer agrees that the limitations of liability and disclaimers set
forth herein will apply regardless of whether Customer has accepted the Software or any other product
or service delivered by Inscape Data. Customer acknowledges and agrees that Inscape Data has set its
prices and entered into the Agreement in reliance upon the disclaimers of warranty and the limitations
of liability set forth herein, that the same reflect an allocation of risk between the parties (including the
risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the
same form an essential basis of the bargain between the parties.
Controlling Law, Jurisdiction. If you acquired the Software in the United States, Latin America, or the
Caribbean, the Agreement and Hardware and Software warranties (“Warranties”) are controlled by and
construed under the laws of the State of California, United States of America, notwithstanding any
conflicts of law provisions; and the state and federal courts of California shall have exclusive
jurisdiction over any claim arising under the Agreement or Warranties. If you acquired the Software in
Canada, unless expressly prohibited by local law, the Agreement and Warranties are controlled by and
construed under the laws of the Province of Ontario, Canada, notwithstanding any conflicts of law
provisions; and the courts of the Province of Ontario shall have exclusive jurisdiction over any claim
arising under the Agreement or Warranties. If you acquired the Software in Europe, the Middle East,
Africa, Asia or Oceania (excluding Australia), unless expressly prohibited by local law, the Agreement
and Warranties are controlled by and construed under the laws of England, notwithstanding any
conflicts of law provisions; and the English courts shall have exclusive jurisdiction over any claim