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6. No Consequential Damages
SEQUOIA will not be liable for any indirect, incidental, special or consequential damages, any cover, or any loss of revenue,
profit, data or use.
7. Limitations of Liability
SEQUOIA's liability (whether in contract, tort, or otherwise; and notwithstanding any fault, negligence, strict liability or
product liability) with regard to any Product (including, but not limited to, any breach of or default by SEQUOIA) will in no
event exceed the purchase price paid by Customer to SEQUOIA for such Product. Further, SEQUOIA will not be liable for,
or be in breach of or default on account of, any delay or failure to perform as a result of any cause, condition or
circumstance beyond SEQUOIA's reasonable control.
8. Indemnification by Customer
Customer acknowledges that the Products are designed and manufactured for use in non-critical, monitoring situations. If
Customer chooses to purchase a Product or Products for use in applications that could result in damages in excess of the
price of the Product if the Product does not operate properly or otherwise fails, Customer acknowledges and agrees that it is
Customer’s responsibility to provide for redundancy and/or other safety or back-up measures sufficient to assure that failure
of a Product(s) will not cause such damages. Customer agrees that it will defend and hold SEQUOIA harmless from any
and all claims and costs (including but not limited to attorney’s fees and other costs of defense against such claims) in
excess of the price of the Products arising directly or indirectly from such Customer’s use of the Products. Such
indemnification is a critical part of the consideration being provided by Customer (over and above the price paid for the
Product(s)) for the right to use the Products for such purposes and Customer shall not use a Product or Products for such
purposes if it is unwilling or unable to provide such indemnification.
9. Statute of Limitations
Customer will not commence any action based on breach of warranty with respect to any Product more than 30 months after
SEQUOIA's delivery of such Product.
10. Software
The Products may include or be delivered with certain computer programs, databases or other software that is proprietary to
SEQUOIA. SEQUOIA hereby grants Customer a nonexclusive license to use such software solely for the purpose of
operating Products. Customer will not: use any such software for any other purpose; modify, adapt, translate, or create
derivative works based on any such software; or disassemble, decompile or reverse engineer any such software. No title to
or ownership of any software or intellectual property rights are transferred to Customer.
11. U.S. Government Restricted Rights Notice
All software, data, technical information, and written materials provided by SEQUOIA are provided with restricted rights.
Use,
duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at 48 C.F.R. § 252.227-7013 or in subparagraph (c)(2) of the Commercial
Computer Software-Restricted Rights clause at 48 C.F.R. § 52.227-19, as applicable. Portions of these items may be
unpublished. SEQUOIA reserves all rights under applicable copyright laws.
12. Controlling Document
In the event of any conflict or inconsistency between any provision of this Statement of Limited Warranty and any other
provision of the Order, the provision of this Statement of Limited Warranty will control.
13. Controlling Law
This Statement of Limited Warranty will be governed by the laws of the State of Washington without reference to its rules
relating to choice of law for the purpose of applying another
jurisdiction’s law. The U.N. Convention on Contracts for the
International Sale of Goods will not apply.
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