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APPLICABLE LAW. MANUFACTURER DISCLAIMS ANY AND
ALL LIABILITY FOR THE LOSS OF DATA DURING ANY
COMMUNICATIONS AND ANY LIABILITY ARISING FROM OR
RELATED TO ANY FAILURE BY MANUFACTURER TO
TRANSMIT ACCURATE OR COMPLETE INFORMATION TO
PURCHASER.
EXCLUSIVE REMEDY. Other than termination of this
Agreement due to Manufacturer 's breach, as Purchaser’s
exclusive remedy for any defect or nonconformity in the
Product, Purchaser shall obtain from Manufacturer repair
or replacement of the Products containing such defect or
nonconformity (“Affected Products”). In furtherance of
such undertaking, if Purchaser reasonably believes that
any Product contains a defect or nonconformity for which
Manufacturer is responsible, Purchaser shall inform
Manufacturer of the nature of such defect or
nonconformity in reasonable detail and shall request
authorization from Manufacturer to return the Affected
Products to Manufacturer for repair or replacement. All
Products so returned shall be shipped prepaid or
otherwise delivered to Manufacturer 's facility or
authorized service center. If Manufacturer fails to repair or
replace the Affected Products within a reasonable time
after Purchaser has so returned them to Manufacturer,
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 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
