
42
or bug fixes provided to you after the expiration of the one year limited warranty
period are not covered by any warranty or condition, express, implied or statutory.
8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER
DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL SWISSVOICE INC., SELLER OR THEIR SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR
FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY
OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY
RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR
OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS
LIMITED WARRANTY, EVEN IN THE EVENT OF THE FAULT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR
BREACH OF WARRANTY OF SWISSVOICE INC. OR SELLER OR ANY
SUPPLIER, AND EVEN IF SWISSVOICE INC. OR SELLER OR ANY SUPPLIER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REPAIR OR
REPLACEMENT, AS PROVIDED UNDER THE WARRANTY, IS YOUR SOLE
AND EXCLUSIVE REMEDY FOR BREACH OF THE LIMITED WARRANTY.
9. LIMITATION OF LIABILITY AND REMEDIES
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY
REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL
DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL
DAMAGES), THE ENTIRE LIABILITY OF SWISSVOICE INC., SELLER AND ANY
OF THEIR SUPPLIERS UNDER ANY PROVISION OF THIS LIMITED
WARRANTY AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE
FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT
ELECTED BY SWISSVOICE INC. OR SELLER OR SUPPLIER WITH RESPECT
TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE
GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT
OR FIVE DOLLARS ($5.00 USD/CAN).
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL
APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN
IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.