Page 20
NewerTech MAXPower RAID mini-SAS 6G
Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE
EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEWERTECH AND ITS AFFILIATES, PARENT HOLDING COMPANY, SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN
IF NEWERTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE
SERVICE; (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART
THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION
OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE PRODUCT; (V) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE PRODUCT; AND (VI) ANY OTHER MATTER RELATING TO THE PRODUCT.
Indemnity
You agree to defend, indemnify and hold NewerTech, its parent holding company, affiliates, subsidiaries, directors, officers, employees,
agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating
to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Product; (b) your use of the
Product; (c) any violation by you of this SLA; or (d) your violation of any rights of another. This obligation shall survive the termination or
expiration of this SLA and/or your use of the Product.
Governing Law
Any litigation or other dispute resolution between you and NewerTech arising out of or relating to this SLA or your use of the Product
will take place in the McHenry County. Illinois, and you and NewerTech hereby consent to the personal jurisdiction of and exclusive
venue in the state and federal courts within that District with respect to any such litigation or dispute resolution. This Agreement will
be governed by and construed in accordance with the laws of the United States and the State of Illinois, except that body of Illinois law
concerning conflicts of law. This Agreement shall not be governed by the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is expressly excluded.
