User Manual

16
LIMITED LIABILITY
Adaptive Frequency Inc. (“Adaptive”) shall not be liable in contract or in tort including,
without limitation, negligence, strict liability or otherwise for loss of sales, revenues or profits;
cost of capital or funds; business interruption or cost of downtime, loss of use, damage to or
loss of use of other property (real or personal); failure to realize expected saving; frustration
of economic or business expectations; claims by third parties (other than for bodily injury), or
economic losses of any kind; or for any special; incidental, indirect, consequential, punitive
or exemplary damages arising in any way out of the performance of, or failure to perform, its
obligations under any contract for sale of product, even if Adaptive could foresee or has
been advised of the possibility of such damages.
In addition, Adaptive’s liability shall be limited to the purchase price of the Adaptive product
or products that is the source of the claim, and in no event more than the aggregate
purchase price, for the last six months, of Adaptive’s products purchased by the purchasing
party. The Parties expressly agree that these limitations on damages are allocations of risk
constituting, in part, the consideration for this agreement, and also that such limitations shall
survive the determination of any court of competent jurisdiction that any remedy provided in
these terms or available at law fails of its essential purpose.