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OPERATION
MANUAL
Product:
Document #:
Rev:
Page:
SEAKEEPER 26 / 20HD
90266
7
3 of 3
Section 5: WARRANTY
5.2 LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY, SEAKEEPER SHALL NOT BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING
BUT NOT LIMITED TO LOST PROFITS ARISING OUT OF THE PERFORMANCE, DELAYED
PERFORMANCE OR BREACH OF PERFORMANCE OF THIS ORDER REGARDLESS
WHETHER SUCH LIABILITY BE CLAIMED IN CONTRACT, EQUITY, TORT OR OTHERWISE.
SEAKEEPER'S OBLIGATION IS LIMITED SOLELY TO REPAIRING OR REPLACING (AT ITS
OPTION AND AS SET FORTH IN SECTION 5), AT ITS APPROVED REPAIR FACILITY, ANY
GOODS OR PARTS WHICH PROVE TO SEAKEEPER'S SATISFACTION TO BE DEFECTIVE
AS A RESULT OF DEFECTIVE MATERIALS OR WORKMANSHIP, IN ACCORDANCE WITH
SEAKEEPER'S STATED WARRANTY. IN NO EVENT SHALL SEAKEEPER'S LIABILITY
EXCEED THE TOTAL PURCHASE PRICE SET FORTH IN THIS ORDER.
5.3 PROPERTY RIGHTS
Except where otherwise expressly agreed, all patterns, tools, jigs and fixtures, drawings, designs,
software and other materials and data developed, fabricated by Seakeeper shall be and shall
remain Seakeeper's property. Except as specifically provided for in the order, Buyer shall have
no right in any technical data, Intellectual Property Rights, and computer software associated with
the order. Buyer shall not use or permit the use of the Goods that in any way could result in the
disclosure of Seakeeper's proprietary information.