User manual

User Manual

Page 2 of 57

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LIMITATION OF LIABILITY AND DAMAGES

THE PRODUCT AND THE SOFTWARES WITHIN ARE PROVIDED "AS IS," BASIS. THE

MANUFACTURER AND MANUFACTURER’S RESELLERS (COLLECTIVELY REFERRED TO AS “THE

SELLERS”) DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING

WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT,

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES

ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN

NO EVENT WILL THE SELLERS BE LIABLE FOR DAMAGES OR LOSS, INCLUDING BUT NOT

LIMITED TO DIRECT, INDIRECT, SPECIAL WILLFUL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR

CONSEQUENTIAL, DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, OR DAMAGES FOR

LOSS OF BUSINESS OF ANY CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THE USE OR

THE INABILITY TO USE THE PRODUCT OR THE SOFTWARES, INCLUDING BUT NOT LIMITED TO

THOSE RESULTING FROM DEFECTS IN THE PRODUCT OR SOFTWARE OR DOCUMENTATION, OR

LOSS OR INACCURACY OF DATA OF ANY KIND, WHETHER BASED ON CONTRACT, TORT OR

ANY OTHER LEGAL THEORY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY

OF SUCH DAMAGES. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE

PRODUCT OR ITS SOFTWARE IS ASSUMED BY CUSTOMER. BECAUSE SOME STATES DO NOT

ALLOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR DAMAGES, THE ABOVE

LIMITATION MAY NOT APPLY TO THE PARTIES. IN NO EVENT WILL THE SELLERS’ TOTAL

CUMULATIVE LIABILITY OF EACH AND EVERY KIND IN RELATION TO THE PRODUCT OR ITS

SOFTWARE EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE PRODUCT.