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10.3 Limits of Liability
The warranties set forth above are exclusive and in lieu of all other warranties. Datacom Systems, Inc. (DSI)
makes no other warranties, expressed or implied, and DSI expressly disclaims all other warranties, including but
not limited to implied warranties of merchantability and fitness for a particular purpose. Moreover, the
provisions set forth above state DSI’s entire responsibility and your sole and exclusive remedy with respect to
any breach of warranty or contract.
No liability for consequential damages. Under no circumstances and under no theory of Liability shall DSI be
liable for costs of procurement of substitute products or services, lost profits, lost savings, loss of information or
data, or any other special, indirect, consequential or incidental damages, arising in any way out of the sale of,
use of, or inability to use, any DSI product or service, even if DSI has been advised of the possibility of such
damages.
10.4 Force Majeure
DSI will not be liable for any failure to perform due to unforeseen circumstances or causes beyond DSI
reasonable control, including, but not limited to war, riot, embargoes, acts of civil or military authorities, fire,
flood, accidents, strikes, inability to secure transportation, facilities, fuel, energy, labor, or materials
or implied,
and DSI expressly disclaims all other warranties, including but not limited to implied warranties of
merchantability and fitness for a particular purpose. Moreover, the provisions set forth above state DSI’s entire
responsibility and your sole and exclusive remedy with respect to any breach.