User's Manual
8
LIMITATION OF LIABILITY AND DAMAGES.
IN NO EVENT WILL MANUFACTURER AND MANUFACTURER’S RESELLERS (COLLECTIVELY REFERRED TO AS “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. 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 LIABLIITY OF EACH AND EVERY KIND IN RELATION TO THE
PRODUCT OR ITS SOFTWRE EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE PRODUCT.