Warranty

FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT,
AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LIVESCRIBE DOES NOT
WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE Livescribe
Desktop SOFTWARE, smartpen, PRODUCTS OR SERVICES, THAT THE FUNCTIONS
CONTAINED IN THE Livescribe Desktop SOFTWARE, smartpen, PRODUCTS OR
SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE
Livescribe Desktop SOFTWARE, smartpen OR SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE Livescribe Desktop SOFTWARE, smartpen OR
SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY LIVESCRIBE OR ANY LIVESCRIBE AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE Livescribe Desktop
SOFTWARE, smartpen, OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
EVENT SHALL LIVESCRIBE BE LIABLE FOR PERSONAL INJURY, OR ANY
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF
DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR
LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE
Livescribe Desktop SOFTWARE, smartpen, OR SERVICES, HOWEVER CAUSED,
REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE)
AND EVEN IF LIVESCRIBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In no event shall Livescribe's total liability to you for all damages (other than as
may be required by applicable law in cases involving personal injury) exceed the amount of fifty
dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its
essential purpose.