5
EXCLUSIONS OF DAMAGES AND LIABILITY
PURCHASER ASSUMES THE ENTIRE COST OF ANY DAMAGE RESULTING FROM
THE USE OF THE PRODUCT AND THE INFORMATION CONTAINED IN, GATHERED
OR COMPILED BY THE PRODUCT, AND THE INTERACTION (OR FAILURE TO
INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER
PROVIDED BY MANUFACTURER OR A THIRD PARTY. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MANUFACTURER OR ITS
SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR INDIRECT DAMAGES, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF
DATA, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE
DISRUPTION, IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE
PRODUCT, OR THE INCOMPATIBILITY OF THE PRODUCT WITH ANY OTHER
PRODUCT, HARDWARE, SOFTWARE OR USAGE, EVEN IF SUCH PARTIES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation on Liability
Notwithstanding any provision to the contrary herein and with the exception of the claims of
intellectual property rights infringements and the payments obligations hereunder, the liability of
Manufacturer for any claim whatsoever related to the Products or your purchase agreement,
including any cause of action sounding in contract, tort, or strict liability, shall not exceed the
greater of Ten Thousand ($10,000.00) Dollars or the total amount of payments theretofore paid
by Purchaser during the previous six month period to Manufacturer in connection with the
Products relating to such liability. THIS LIMITATION OF LIABILITY SHALL NOT APPLY
TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION, IF APPLICABLE, MAY NOT APPLY TO PURCHASER.
Applicability
The limitations and exclusions contained herein shall apply notwithstanding any failure of
essential purpose of any limited remedy.
