RealWear HMT-1Z1, Руководство пользователя

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Exclusion of Certain Damages, Limitation of Liability
A. Exclusion of Certain Damages : REALWEAR WILL NOT BE LIABLE FOR ANY LOST REVENUE,
INCOME, PROFIT, OR SAVINGS; LOST OR CORRUPTED DATA OR SOFTWARE; LOST BUSINESS
OPPORTUNITY; PROCUREMENT OF SUBSTITUTE PRODUCTS OR ANY OTHER INCIDENTAL,
INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THESE TERMS OR THE PRODUCTS.
B. Limitation of Liability: REALWEAR’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT
OF OR IN CONNECTION WITH THESE TERMS OR THE PRODUCTS WILL NOT EXCEED THE TOTAL
AMOUNT RECEIVED BY REALWEAR FROM YOU DURING THE PRIOR 12 MONTHS FOR THE SPECIFIC
PRODUCT GIVING RISE TO THE CLAIM.
C. Application of Limitations: THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE
TERMS APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY,
STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. THESE LIMITATIONS OF LIABILITY ARE
AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR REALWEAR’S
SALE OF PRODUCTS TO YOU, AND WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY AND EVEN IF REALWEAR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LIABILITIES.
Governing Law, Dispute Resolution
A. Arbitration : Any dispute relating to this Agreement (“Dispute”) will be resolved by binding
arbitration according to the then-current Commercial Arbitration Rules of the American
Arbitration Association (the “AAA Rules”). The existence, content (including all documents
and materials submitted to the arbitrators), and results of any arbitration are Confidential
Information. The arbitrator will be a neutral practicing attorney or retired judge with
experience in similar cases and appointed in accordance with the AAA Rules. The arbitrator
must agree in writing to maintain the confidentiality of the arbitration. The arbitration will
be governed by the Federal Arbitration Act, 9 U.S.C. §§1 et seq. The prevailing party will
be entitled to recovery of arbitration expenses (including reasonable attorney’s fees). The
arbitrator’s award will include provisions for this recovery. The arbitrator’s award will be
binding and final. Any court having jurisdiction may enter judgment upon the award. The