Limitation of Liability
LIMITATION ON SOUND DEVICES’ LIABILITY. SOUND DEVICES, LLC SHALL NOT BE LIABLE TO THE PURCHASER OF THIS
PRODUCT OR THIRD PARTIES FOR DAMAGES, LOSSES, COSTS, OR EXPENSES INCURRED BY PURCHASER OR THIRD PAR-
TIES AS A RESULT OF: ACCIDENT, MISUSE, OR ABUSE OF THIS PRODUCT OR UNAUTHORIZED MODIFICATIONS, REPAIRS,
OR ALTERATIONS TO THIS PRODUCT, OR FAILURE TO STRICTLY COMPLY WITH SOUND DEVICES, LLC’S OPERATING AND
INSTALLATION INSTRUCTIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, SOUND DEVICES SHALL HAVE NO LIABILITY
TO THE END USER OR ANY OTHER PERSON FOR COSTS, EXPENSES, DIRECT DAMAGES, INCIDENTAL DAMAGES, PUNITIVE
DAMAGES, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY KIND OR NATURE WHATSOEVER
ARISING OUT OF OR RELATING TO THE PRODUCTS, THESE TERMS AND CONDITIONS OR THE PARTIES’ RELATIONSHIP,
INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM OR RELATED TO THE DELETION OR OTHER LOSS OF AUDIO
OR VIDEO RECORDINGS OR DATA, REDUCED OR DIMINISHED AUDIO OR VIDEO QUALITY OR OTHER SIMILAR AUDIO OR
VIDEO DEFECTS ARISING FROM, RELATED TO OR OTHERWISE ATTRIBUTABLE TO THE PRODUCTS OR THE END USER’S USE
OR OPERATION THEREOF, REGARDLESS OF WHETHER SUCH DAMAGES ARE CLAIMED UNDER CONTRACT, TORT OR ANY
OTHER THEORY. “CONSEQUENTIAL DAMAGES” FOR WHICH SOUND DEVICES SHALL NOT BE LIABLE SHALL INCLUDE, WITH-
OUT LIMITATION, LOST PROFITS, PENALTIES, DELAY DAMAGES, LIQUIDATED DAMAGES AND OTHER DAMAGES AND LIABILI-
TIES WHICH END USER SHALL BE OBLIGATED TO PAY OR WHICH END USER OR ANY OTHER PARTY MAY INCUR RELATED TO
OR ARISING OUT OF ITS CONTRACTS WITH ITS CUSTOMERS OR OTHER THIRD PARTIES. NOTWITHSTANDING AND WITHOUT
LIMITING THE FOREGOING, IN NO EVENT SHALL SOUND DEVICES BE LIABLE FOR ANY AMOUNT OF DAMAGES IN EXCESS
OF AMOUNTS PAID BY THE END USER FOR THE PRODUCTS AS TO WHICH ANY LIABILITY HAS BEEN DETERMINED TO EXIST.
SOUND DEVICES AND END USER EXPRESSLY AGREE THAT THE PRICE FOR THE PRODUCTS WAS DETERMINED IN CONSID-
ERATION OF THE LIMITATION ON LIABILITY AND DAMAGES SET FORTH HEREIN AND SUCH LIMITATION HAS BEEN SPECIFI-
CALLY BARGAINED FOR AND CONSTITUTES AN AGREED ALLOCATION OF RISK WHICH SHALL SURVIVE THE DETERMINATION
OF ANY COURT OF COMPETENT JURISDICTION THAT ANY REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
