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4.5. LIMITATION OF WARRANTIES. The warranties contained in Sections 4.2, 4.3, and 4.4

above do not cover damage to the Licensed Products, Licensed Software or Licensed Hardware

caused by accident, misuse, abuse, negligence, failure to install in accordance with Endothelix’s

installation instructions, failure to operate under conditions of normal use and in accordance with

the terms of the documentation accompanying the Licensed Product, Licensed Software, and/or

Licensed Hardware, failure to maintain in accordance with the applicable documentation

accompanying the Licensed Product, Licensed Software, and/or Licensed Hardware, alteration or

any defects not related to materials or workmanship, or in the case of Third Party Licensed

Products, design, materials or workmanship. This warranty does not cover damage which may

occur in shipment. This warranty does not apply to Licensed Products, Licensed Software, or

Licensed Hardware not purchased new. This warranty does not apply to any Licensed Product or

any individual parts of a Licensed product which have been repaired or altered by anyone other

than Endothelix or a person or entity authorized by Endothelix to repair Licensed products.

While every reasonable effort has been made to ensure that you will receive Licensed Software,

Licensed Hardware, and/or Licensed Product that you can use, Endothelix does not warrant that

the function of the Licensed Product, Licensed Software, and/or Licensed Hardware will meet

your requirements or that the operation of the Licensed Product, Licensed Software, and/or

Licensed Hardware will be uninterrupted or error free. Endothelix is not responsible for problems

caused by your use of the Licensed Software with non-Endothelix software or non-Endothelix

hardware.

ENDOTHELIX HEREBY DISCLAIMS, WITH RESPECT TO THE LICENSED

SOFTWARE, LICENSED HARDWARE AND THE LICENSED PRODUCTS, ALL

OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATION,

LACK OF NEGLIGENCE AND CORRESPONDENCE TO DESCRIPTION.

5. LIMITATION OF LIABILITY

(A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT

FOR DAMAGES ARISING UNDER SECTION 4.1 ABOVE, IN NO EVENT SHALL

ENDOTHELIX BE LIABLE TO YOU FOR DAMAGES IN EXCESS OF THE

PURCHASE PRICE YOU PAID FOR THE LICENSED PRODUCT, LICENSED

SOFTWARE, AND/OR LICENSED HARDWARE, OR THE APPLICABLE THIRD

PARTY PRODUCT. THE FOREGOING LIMITATION SHALL BE APPLICABLE

REGARDLESS OF WHETHER THE ACTION GIVING RISE TO SUCH DAMAGES IS I

TORT, CONTRACT, STRICT PRODUCTS LIABILITY, OR OTHERWISE.

(B) IN NO EVENT SHALL ENDOTHELIX BE LIABLE FOR ANY SPECIAL,

INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER

ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO

USE THE LICENSED SOFTWARE, LICENSED HARDWARE, LICENSED PRODUCT,

OR THIRD PARTY PRODCT, OR THE PROVISION OR FAILURE TO PROVIDE

SUPPORT SERVICES BY ENDOTHELIX, EVEN IF ENDOTHELIX HAS BEEN

ADVISED OF THE POSSIBILITY OF SUCH CONSEQUENTIAL DAMAGES. THE

FOREGOING DISCLAIMER OF CONSEQUENTIAL DAMAGES SHALL BE

APPLICABLE REGARDLESS OF WHETHER THE ACTION GIVING RISE TO SUCH

DAMAGES IS IN TORT, CONTRACT, STRICT PRODUCT LIABILITY, OR

OTHERWISE.

CONNECTION WITH AN INFRINGEMENT CLAIM, YOU MUST (i) NOTIFY

ENDOTHELIX IN WRITING PROMPTLY UPON BECOMING AWARE OF AN