3.2
DISCLAIMER
. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 3,
ALL ADDITIONAL CONDITIONS, REPRESENTATIONS, AND
WARRANTIES, WHETHER IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY,
AGAINST INFRINGEMENT OR ARISING FROM A COURSE OF
DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY
DISCLAIMED BY LICENSOR AND ITS SUPPLIERS. THIS DISCLAIMER
SHALL APPLY EVEN IF ANY EXPRESS WARRANTY AND LIMITED
REMEDY OFFERED BY LICENSOR FAILS OF ITS ESSENTIAL
PURPOSE. ALL WARRANTIES PROVIDED BY LICENSOR ARE
SUBJECT TO THE LIMITATIONS OF LIABILITY SET FORTH IN THIS
AGREEMENT.
3.3
HAZARDOUS APPLICATIONS
. THE SOFTWARE IS NOT DESIGNED
OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS
REQUIRING FAIL SAFE PERFORMANCE, SUCH AS IN THE
OPERATION OF A NUCLEAR FACILITY, AIRCRAFT NAVIGATION OR
COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROLS OR OTHER
DEVICES OR SYSTEMS IN WHICH A MALFUNCTION OF THE
SOFTWARE WOULD RESULT IN FORSEEABLE RISK OF INJURY OR
DEATH TO THE OPERATOR OF THE DEVICE OR SYSTEM OR TO
OTHERS (“HAZARDOUS APPLICATIONS”). CUSTOMER ASSUMES
ANY AND ALL RISKS, INJURIES, LOSSES, CLAIMS AND ANY OTHER
LIABILITIES ARISING OUT OF THE USE OF THE SOFTWARE IN ANY
HAZARDOUS APPLICATIONS.
3.4
Limitation of Liability
.
(a)
TOTAL LIABILITY
. NOTWITHSTANDING ANYTHING ELSE
HEREIN, ALL LIABILITY OF LICENSOR AND ITS SUPPLIERS
UNDER THIS AGREEMENT SHALL BE LIMITED TO THE
AMOUNT PAID BY CUSTOMER FOR THE RELEVANT
SOFTWARE, OR PORTION THEREOF, THAT GAVE RISE TO SUCH
LIABILITY OR ONE HUNDRED UNITED STATES DOLLARS
(US$100), WHICHEVER IS GREATER. THE LIABILITY OF
LICENSOR AND ITS SUPPLIERS UNDER THIS SECTION SHALL
BE CUMULATIVE AND NOT PER INCIDENT.
