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1 Product Overview
or Licensed Program that (A) has been altered or
modified, except by Harris; (B) has not been
installed, operated, repaired, or maintained in
accordance with instructions supplied by Harris;
(C) has been subjected to abnormal physical or
electrical stress, misuse, negligence, or accident;
or (D) is used in ultrahazardous activities.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THIS
STANDARD WARRANTY POLICY STATEMENT,
HARRIS HEREBY EXPRESSLY DISCLAIMS ALL
REPRESENTATIONS, CONDITIONS AND
WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING BY WAY OF EXAMPLE
AND NOT LIMITATION, THE IMPLIED
WARRANTIES OF TITLE,
MERCHANTABILITY, NON-INFRINGEMENT
AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation on Liability
NOTWITHSTANDING ANYTHING HEREIN TO
THE CONTRARY, IN NO EVENT WILL HARRIS
BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING LOSS OF
PROFITS, WHETHER ARISING IN CONTRACT,
TORT, WARRANTY OR OTHERWISE, EVEN IF
IT HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE LIMITATIONS SET
FORTH HERE WILL APPLY EVEN IF THE
REMEDIES OF ERROR CORRECTION, REPAIR
OR REPLACEMENT, REPERFORMANCE OF
SERVICES AND REFUND OF PAYMENTS
COMPLETELY FAIL OF THEIR ESSENTIAL
PURPOSE. NOTWITHSTANDING ANYTHING
HEREIN TO THE CONTRARY, THE LIMIT OF
HARRIS’ LIABILITY (WHETHER IN
CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, BY STATUTE OR OTHERWISE) TO
CUSTOMER OR TO ANY THIRD PARTY
CONCERNING THE HARRIS EQUIPMENT OR
SOFTWARE LICENSES SOLD TO CUSTOMER
AND WARRANTED HEREUNDER, HARRIS’
PERFORMANCE OR NONPERFORMANCE, OR
IN ANY MANNER RELATED TO THIS
STANDARD WARRANTY POLICY STATEMENT,
FOR ANY AND ALL CLAIMS WILL NOT IN THE
AGGREGATE EXCEED THE ACTUAL AMOUNTS
RECEIVED BY HARRIS FOR THE SPECIFIC
PRODUCT WITH RESPECT TO WHICH SUCH
CLAIM IS MADE.
Governing Law and Jurisdiction
Applicable Law, Venue and Jurisdiction. This
Standard Warranty Policy Statement, and any
disputes related hereto, shall be governed by and
interpreted in accordance with the laws of the
State of Florida, USA, regardless of any law
principles requiring the application of any other
law. The parties agree that the exclusive venue
for any action related to the dispute or
interpretation of this Agreement shall be in the
courts with the appropriate jurisdiction located
in Orlando, Florida, and each party irrevocably
submits to the jurisdiction of each such court in
any such action and waives any objection it may
now or hereafter have to venue or personal
jurisdiction in each such court. The prevailing
party in any action related to the dispute or
interpretation of this Agreement shall be entitled
to recover its reasonable attorneys fees incurred
in pursuing the action, including those fees
incurred throughout all bankruptcy and appellate
proceedings.
Jury Waiver. THE PARTIES FURTHER AGREE, TO
THE EXTENT PERMITTED BY LAW, TO WAIVE ALL
RIGHTS TO A TRIAL BY JURY OF ANY ACTION
RELATING TO THE DISPUTE OR INTERPRETATION
OF THIS AGREEMENT, WHETHER SOUNDING IN
CONTRACT, TORT, OR OTHERWISE. THE PARTIES
SPECIFICALLY ACKNOWLEDGE THAT THIS
WAIVER IS MADE KNOWINGLY AND VOLUNTARILY
AFTER AN ADEQUATE OPPORTUNITY TO
NEGOTIATE ITS TERMS.
