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THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
EXPRESS OR IMPLIED WARRANT IES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS
PROVIDED IN THIS WRITTEN WARRANTY AND UNLESS EXCLUSIONS ARE SPECIFICALLY FORBIDDEN BY
STATE LAW, NEITHER ROSCO NOR ITS AFFILIATES WILL BE LIABLE FOR ANY LOSS, INCONVENIENCE, OR
DAMAGE, INCLUDING DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING
INJURY TO PERSONS OR PROPERTY, RESULTING FROM THE USE OR INABILITY TO USE THE ROSCO
PRODUCT, WHETHER RESULTING FROM BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY.
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