User's Manual

Rajant Corporation BreadCrumb® ME4 v11 User Guide
03-100126-011 Version 11.0.0
SOFTWARE THAT GAVE RISE TO THE CLAIM OR IF THE SOFTWARE IS PART OF ANOTHER
PRODUCT, THE PRICE PAID FOR SUCH OTHER PRODUCT. THIS LIMITATION OF LIABILITY
FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO
OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).
IF YOU ACQUIRED THE SOFTWARE IN EUROPE, THE MIDDLE EAST, AFRICA, ASIA OR
OCEANIA, NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE
CONTRARY, ALL LIABILITY OF RAJANT, ITS AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO CUSTOMER,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR
OTHERWISE, SHALL NOT EXCEED THE PRICE PAID BY CUSTOMER TO RAJANT FOR THE
SOFTWARE THAT GAVE RISE TO THE CLAIM OR IF THE SOFTWARE IS PART OF ANOTHER
PRODUCT, THE PRICE PAID FOR SUCH OTHER PRODUCT. THIS LIMITATION OF LIABILITY
FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO
OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). NOTHING IN THE AGREEMENT
SHALL LIMIT (I) THE LIABILITY OF RAJANT, ITS AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS TO CUSTOMER FOR PERSONAL
INJURY OR DEATH CAUSED BY THEIR NEGLIGENCE, (II) RAJANT’s LIABILITY FOR
FRAUDULENT MISREPRESENTATION, OR (III) ANY LIABILITY OF RAJANT WHICH
CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Disclaimer of Liabilities—Waiver of Consequential Damages and Other Losses. IF YOU ACQUIRED
THE SOFTWARE IN THE UNITED STATES, LATIN AMERICA, THE CARIBBEAN OR CANADA,
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL
PURPOSE OR OTHERWISE, IN NO EVENT WILL RAJANT OR ITS SUPPLIERS BE LIABLE FOR
ANY LOST REVENUE, PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION,
LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR
PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF
LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE
OR OTHERWISE AND EVEN IF RAJANT OR ITS SUPPLIERS OR LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ACQUIRED THE SOFTWARE IN JAPAN, EXCEPT FOR LIABILITY ARISING OUT OF
OR IN CONNECTION WITH DEATH OR PERSONAL INJURY, FRAUDULENT
MISREPRESENTATION, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH
HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL RAJANT,
ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND
LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR LOST OR DAMAGED DATA,
BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND
REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF
OR INABILITY TO USE SOFTWARE OR OTHERWISE AND EVEN IF RAJANT OR ANY
APPROVED SOURCE OR THEIR SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
IF YOU ACQUIRED THE SOFTWARE IN EUROPE, THE MIDDLE EAST, AFRICA, ASIA OR
OCEANIA, IN NO EVENT WILL RAJANT, ITS AFFILIATES, OFFICERS, DIRECTORS,
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