90
or jurisdictions do not allow limitations on how long implied warranties lasts, the above
limitation may not apply. These warranties give customers specific legal rights, and customer
may also have other rights which vary from jurisdiction to jurisdiction. This disclaimer and
exclusion shall apply even if the express warranties set forth above fails of its essential
purpose.
Limitation of Liability
Regardless whether any remedy set forth herein fails of its essential purpose or otherwise, in
no event will GeoVision or its suppliers be liable for any lost revenue, profit or lost or damaged
data, business interruption, loss of capital, or for special, indirect, consequential, incidental, or
punitive damages however caused and regardless of the theory of liability or whether arising
out of the use or inability to use the GeoVision Products or otherwise and even if GeoVision
has been advised of the possibility of such damages. In no event shall GeoVision's liability to
customer, whether in contract, tort (including negligence), breach of warranty, or otherwise,
exceed the price paid by customer for the Software that gave rise to the claim or if the
Software is part of another Products, the price paid for such other Products. Because some
states or jurisdictions do not allow limitation or exclusion of consequential or incidental
damages, the above limitation may not apply to you. In no event shall GeoVision’s total liability
to you for all damages (other than as may be required by applicable law in cases involving
personal injury) exceed the amount of two hundred dollars (U.S. $200.00). The foregoing
limitations will apply even if the above stated remedy fails of its essential purpose.
Customer agrees that the limitations of liability and disclaimers set forth herein will apply
regardless of whether customer has accepted any other Products or service delivered by
GeoVision. Customer acknowledges and agrees that GeoVision has set its prices in reliance
upon the disclaimers of warranties and the limitations of liability set forth herein, that the same
reflect an allocation of risk between the parties, and that the same form an essential basis of
the bargain between the parties.
These Warranties shall be governed by and construed in accordance with the laws of Taiwan,
Republic of China and United State, without reference to or application of choice of law rules
or principles. The United Nations Convention on the International Sale of Goods shall not
apply. If any portion hereof is found to be void or unenforceable, the remaining provisions
shall remain in full force and effect.
GeoVision Inc. Warranty Policy last updated on December 26, 2011.