WatchPAT™200 System
62
Operation Manual
been repaired or altered by anyone other than Itamar or a person or entity authorized
by Itamar to repair Licensed Products.
While every reasonable effort has been made to ensure that you will receive Licensed
Software that you can use, Itamar does not warrant that the functions of the Licensed
Software will meet your requirements or that the operation of the Licensed Software
will be uninterrupted or error free. Itamar is not responsible for problems caused by
changes in the operating characteristics of the hardware or operating system software
you are using, nor for any problems in the interaction of the Licensed Software with
non-Itamar software.
ITAMAR HEREBY DISCLAIMS, WITH RESPECT TO THE LICENSED
PRODUCTS AND THE LICENSED SOFTWARE, ALL OTHER WARRANTIES
AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, ANY WARRANTIES OR CONDITIONS OF OR RELATED
TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY
OR
COMPLETENESS
OF
INFORMATION,
LACK
OF
NEGLIGENCE AND CORRESPONDENCE TO DESCRIPTION.
5. LIMITATION OF LIABILITY
(A)
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
EXCEPT FOR DAMAGES ARISING UNDER SECTION 4(A) ABOVE, IN NO
EVENT SHALL ITAMAR BE LIABLE TO YOU FOR DAMAGES IN EXCESS
OF THE PURCHASE PRICE YOU PAID FOR THE LICENSED SOFTWARE,
THE LICENSED PRODUCT OR THE APPLICABLE THIRD PARTY PRODUCT.
THE FOREGOING LIMITATION SHALL BE APPLICABLE REGARDLESS OF
WHETHER THE ACTION GIVING RISE TO SUCH DAMAGES IS IN TORT,
CONTRACT, STRICT PRODUCTS LIABILITY, OR OTHERWISE.
(B)
IN NO EVENT SHALL ITAMAR BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE LICENSED SOFTWARE AND/OR THE LICENSED
PRODUCT AND/OR THE THIRD PARTY PRODUCT, OR THE PROVISION OF
OR FAILURE TO PROVIDE SUPPORT SERVICES BY ITAMAR, EVEN IF
ITAMAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
CONSEQUENTIAL
DAMAGES.
THE
FOREGOING
DISCLAIMER
OF
CONSEQUENTIAL DAMAGES SHALL BE APPLICABLE REGARDLESS OF
WHETHER THE ACTION GIVING RISE TO SUCH DAMAGES IS IN TORT,
CONTRACT, STRICT PRODUCTS LIABILITY, OR OTHERWISE.
(C)
IN ORDER TO BE ENTITLED TO INDEMNIFICATION HEREUNDER
IN CONNECTION WITH AN INFRINGEMENT CLAIM, YOU MUST (i) NOTIFY
ITAMAR IN WRITING PROMPTLY UPON BECOMING AWARE OF AN
INFRINGEMENT CLAIM OR THE POSSIBILITY THEREOF, (ii) GRANT