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1.10. THE WARRANTY SET FORTH IN SECTION
1.1 IS MADE IN LIEU OF ALL OTHER WARRANTIES
(WHETHER EXPRESS OR IMPLIED), RIGHTS OR
CONDITIONS, AND THE CUSTOMER ACKNOWLED-
GES THAT EXCEPT FOR SUCH LIMITED WARRAN-
TY, THE PRODUCTS ARE PROVIDED “AS IS.” THE
COMPANY SPECIFICALLY DISCLAIMS, WITHOUT
LIMITATION, ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MER-
CHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, AND THOSE
WARRANTIES ARISING FROM A COURSE OF PER-
FORMANCE, A COURSE OF DEALING OR TRADE
USAGE.
2. Limitation of Liability:
2.1. IN NO EVENT SHALL THE COMPANY BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNI-
TIVE, SPECIAL OR CONSEQUENTIAL DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, REVENUE, GOODWILL OR USE,
INCURRED BY THE CUSTOMER OR ANY THIRD
PARTY, WHETHER IN AN ACTION IN CONTRACT,
TORT, STRICT LIABILITY, OR IMPOSED BY STA-
TUTE, OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE COM-
PANY’S LIABILITY FOR DAMAGES ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT
SHALL IN NO EVENT EXCEED THE PURCHASE
PRICE OF THE PRODUCTS. IT IS AGREED AND
ACKNOWLEDGED THAT THE PROVISIONS OF THIS
AGREEMENT ALLOCATE THE RISKS BETWEEN THE
COMPANY AND THE CUSTOMER, THAT THE COM-
PANY’S PRICING REFLECTS THIS ALLOCATION
OF RISK, AND BUT FOR THIS ALLOCATION AND
LIMITATION OF LIABILITY, THE COMPANY WOULD
NOT HAVE ENTERED INTO THIS AGREEMENT.2.2.
IN JURISDICTIONS THAT LIMIT THE SCOPE OF,
OR PRECLUDE LIMITATIONS, OR EXCLUSION OF
REMEDIES OR DAMAGES, OR OF LIABILITY, SUCH
AS LIABILITY FOR GROSS NEGLIGENCE OR WILL-
FUL MISCONDUCT OR DO NOT ALLOW IMPLIED
WARRANTIES TO BE EXCLUDED, THE LIMITATION
OR EXCLUSION OF WARRANTIES, REMEDIES,
DAMAGES OR LIABILITY SET FORTH ABOVE ARE
INTENDED TO APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW. THE CUSTOMER
MAY ALSO HAVE OTHER RIGHTS THAT VARY BY
STATE, COUNTRY OR OTHER JURISDICTION.