8
other obligation will be limited to: (A) the replacement of the goods or the
supply of equivalent goods or payment of the cost of replacing the goods or
acquiring equivalent goods; or (B) the repair of the goods or payment of the
cost of having the goods repaired.
Section 3
-
3
Consumer Guarantees Act (for Licensee in New Zealand)
In the event that Licensee is using Licensed Software for a business purpose, Licensee is
deemed to accept and have acknowledged that the Consumer Guarantees Act in New
Zealand will not apply to the usage of Licensed Software. For the avoidance of doubt,
Licensee shall be deemed to be using Licensed Software
for a business purpose if
Licensee is acquiring, or hold itself out to be acquiring, the Licensed Software for the
purposes of:
(1)
resupplying them in trade;
(2)
consuming them in the course of a process of production or manufacture; or
(3)
repairing or treating in trade other goods or fixtures on land.
Section 4
DAMAGE LIMITATION
THE LICENSED SOFTWARE IS PROVIDED AS A CONVENIENCE AND ACCOMMODATION
TO LICENSEE. TO THE EXTENT NO PROHIBITED BY LAW, IN NO EVENT SHALL OMRON,
ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, OR AGENTS, BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY
CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR
LOSSES, ARISING OUT OF OR RELATING TO THE LICENSED SOFTWARE, OR
OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED,
WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT, NEGLIGENCE,
PRODUCT LIABILITY, STATUTORY OR OTHERWISE, EVIN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY REMEDY. IN ANY EVENT, THE MAXIMUM LIABILITY OF
ANY OF THE FOREGOING PARTIES FOR ALL CLAIMS OF EVERY KIND (INCLUDING
THOSE ARISING IN TORT) ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE
AMOUNT PAID BY LICENSEE FOR THE LICENSED SOFTWARE.
Section 5
INTELLECTUAL PROPERTY RIGHTS
