Warranty

MISAPPROPRIATION; OR (D) CLAIM IN TORT (WHETHER BASED ON NEGLIGENCE,
STRICT LIABILITY, PRODUCT LIABILITY OR OTHER THEORY). SOME STATES DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY WILL NOT
BE APPLICABLE TO THE EXTENT THAT ANY PROVISION OF THIS PRODUCT
WARRANTY IS PROHIBITED BY FEDERAL, STATE OR MUNICIPAL LAW.
Section 3. Limitations of Liability
3.1 Force Majeure. Loud will not be liable for, or be considered to be in breach of or
default under this Product Warranty on account of, any delay or failure to perform as required by
this Product Warranty as a result of any cause or condition beyond its reasonable control
(including, without limitation, any act or failure to act by the other party).
3.2 No Consequential Damages. IN NO EVENT WILL LOUD OR ITS AUTHORIZED
RESELLER, DEALERS OR SERVICE REPRESENTATIVES HAVE ANY LIABILITY FOR
ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES OR FOR ANY LOSS
OF PROFIT, REVENUE, DATA, BUSINESS OR USE IN CONNECTION WITH OR
ARISING OUT OF CUSTOMERS USE OF THE PRODUCT, DOCUMENTATION OR ANY
OTHER ITEMS OR SERVICES FURNISHED UNDER THE PRODUCT
WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU.
3.3 Limitation of Liability. LOUD'S AGGREGATE LIABILITY WITH REGARD TO
THE PRODUCT, DOCUMENTATION OR ANY OTHER ITEMS OR SERVICES
FURNISHED UNDER THIS PRODUCT WARRANTY WILL IN NO EVENT EXCEED THE
PURCHASE PRICE OF THE PRODUCT.
Section 4. Miscellaneous
4.1 Ownership. The Product and Documentation involve valuable IPR of Loud or its
licensors. No title to or ownership of any IPR in or to the Product or Documentation is
transferred to Customer under the Agreement. Customer will not attempt to reverse engineer any
Product or component thereof or to otherwise misappropriate, circumvent or violate any of
Loud's IPR. Without limiting the generality of the foregoing, Loud reserves all of its right, title
and interest (including, without limitation, any and all IPR) in and to the Product and the
Documentation.
4.2 Assignment. Customer shall not assign any of its rights under this Product Warranty
directly, by operation of law or otherwise, without the prior written consent of Loud. Subject to
the foregoing restriction on assignment by Customer, this Product Warranty shall be fully
binding upon, inure to the benefit of, and be enforceable by the parties and their respective
successors and assigns.