REASON OF ANY REPRESENTATION OR IMPLIED WARRANTY, CONDITION, OR OTHER
TERM OR ANY DUTY AT LAW, OR UNDER THE TERMS OF THIS AGREEMENT, FOR ANY
CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF PROFIT, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHERWISE) ARISING OUT OF OR
IN CONNECTION WITH ANY ACT OR OMISSION OF KALTECH ENTERPRISES RELATING TO
THE USE OR INABILITY TO USE THE PRODUCT BY THE END USER.
FOR SWEDEN: IN NO EVENT SHALL KALTECH ENTERPRISES BE LIABLE TO THE END USER,
EXCEPT IN RESPECT OF DEATH, DAMAGE TO PROPERTY OR PERSONAL INJURY CAUSED
BY KALTECH ENTERPRISES’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, FOR AN
AMOUNT IN EXCESS OF THE MAXIMUM AMOUNT OF KALTECH ENTERPRISES’S LIABILITY
AS STATED IN 9(b) ABOVE, BY REASON OF ANY REPRESENTATION OR IMPLIED
WARRANTY, CONDITION, OR OTHER TERM OR ANY DUTY AT LAW, OR UNDER THE
TERMS OF THIS AGREEMENT, FOR ANY CONSEQUENTIAL LOSS OR DAMAGE (WHETHER
FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION OF
KALTECH ENTERPRISES RELATING TO THE USE OR INABILITY TO USE THE PRODUCT BY
THE END USER.
FOR THE UNITED KINGDOM: IN NO EVENT SHALL KALTECH ENTERPRISES BE LIABLE TO
THE END USER, EXCEPT IN RESPECT OF (a) DEATH OR PERSONAL INJURY CAUSED BY
KALTECH ENTERPRISES’S NEGLIGENCE OR (b) DAMAGE TO PROPERTY OR OTHER LOSS
CAUSED BY KALTECH ENTERPRISES WHERE SUCH LIABILITY LIMITATION IS
UNREASONABLE UNDER ALL RELEVANT CIRCUMSTANCES. FOR AN AMOUNT IN EXCESS
OF THE MAXIMUM AMOUNT OF KALTECH ENTERPRISES’S LIABILITY AS STATED IN 9(b)
ABOVE, BY REASON OF ANY REPRESENTATION OR IMPLIED WARRANTY, CONDITION, OR
OTHER TERM OR ANY DUTY AT LAW, OR UNDER THE TERMS OF THIS AGREEMENT, FOR
ANY CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF PROFIT, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHERWISE) ARISING OUT OF OR
IN CONNECTION WITH ANY ACT OR OMISSION OF KALTECH ENTERPRISES RELATING TO
THE USE OR INABILITY TO USE THE PRODUCT BY THE END USER
11.
NO LIABILITY FOR DAMAGES, INCLUDING WITHOUT LIMITATION
CONSEQUENTIAL DAMAGES
In no event shall Kaltech Enterprises or its Licensor's be liable for any damages whatsoever
(including, without limitation, incidental, direct, indirect, special or consequential damages, damages
for loss of business profits, business interruption, loss of business information, or other pecuniary loss)
arising out of the use or inability to use this Software, even if Kaltech Enterprises or its Licensor's have
been advised of the possibility of such damages. Because some states/ countries do not allow the
exclusion or limitation of liability for consequential or incidental damages, the above limitation may
not apply to you.
12.
NO WAIVER.
Any failure by either party to this agreement to enforce a specific part of the
agreement in a specific situation is not a waiver of rights under the agreement. The party may still
enforce the rest of the agreement in that situation and may still enforce some or all of the agreement in
other situations.
13.
This License constitutes the entire agreement between the End User and KALTECH
ENTERPRISES pertaining to its subject matter.
This License is governed by the laws of the State of
Washington (except the body of laws controlling conflict laws). The state and federal courts having
appropriate jurisdiction over the State of Washington will pursue any litigation arising from this
license. Even if part of the agreement is held invalid, the rest of the agreement shall still be valid,
binding, and enforceable. The failure of either party to exercise a right does not waive future exercise
of that right or other rights.
Should the End User have any questions concerning this License, or if the End User desires to contact
Kaltech Enterprises for any reason, please write: Kaltech Enterprises 5436 W Crenshaw St Tampa Fl
33634
Copyright© 2001, Kaltech Enterprises All rights reserved.
Safety Precautions
