14
LIMITATIONS OF LIABILITY
Night Optics USA, Inc. will not be liable for
any claims, actions, suits, proceedings, costs,
expenses, damages or liabilities arising out of
the use of this product. Operation and use of
this product are the sole responsibility of the
Customer. Night Optics USA, Inc.’s sole re-
sponsibility is limited to providing the products
and service outlined herein in accordance with
the terms and conditions of this Agreement.
The provision of products sold and services
performed by Night Optics USA, Inc. to the
Customer shall not be interpreted, construed, or
regarded, either expressly or implied, as being
for the benefi t or creating any obligation toward
any third party of legal entity outside Night Op-
tics USA, Inc. and Customer; Night Optics USA,
Inc.’s obligations under this Agreement extend
solely to the Customer. Night Optics USA, Inc.’s
liability hereunder for damages, regardless of
the form or action, shall not exceed the fees or
other charges paid to Night Optics USA, Inc. by
the Customer or the Customer’s dealer. Night
Optics USA, Inc. shall not, in any event, be
liable for special, indirect, incidental, or conse-
quential damages, including, but not limited to,
lost income, lost revenue, or lost profi t, whether
such damages were foreseeable or not at the
time of purchase, and whether or not such dam-
ages arise out of breach of warranty, a breach
of agreement, negligence, strict liability, or any
other theory of liability.
