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replace the Affected Products within a reasonable time after Purchaser has so returned
them to Polimaster, Purchaser shall be entitled to repayment or credit of the original
price of the defective or nonconforming Product as its exclusive further remedy.
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
POLIMASTER OR A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL POLIMASTER 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 Polimaster for any claim whatsoever related to the
Products or this 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 Polimaster 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.
