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retain Your data. Any damages or costs related
to data recovery, removal, and installation are not
recoverable under this Limited Warranty.]
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, NEITHER VARJO NOR ITS
SUPPLIERS SHALL BE RESPONSIBLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, OR SPECIAL DAMAGES, INCLUDING BUT
NOT LIMITED TO LOST PROFITS OR COMMERCIAL
LOSS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, LOSS OF DATA, LOSS
OF PRIVACY, LOSS OF CONFIDENTIALITY, COST
OF ANY REPLACEMENT GOODS OR SUBSTITUTE
EQUIPMENT, OR LOSS OF USE WHILE THE VARJO
PRODUCT IS BEING REPLACED OR REPAIRED.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE ENTIRE LIABILITY OF
VARJO AND ITS SUPPLIERS UNDER THIS LIMITED
WARRANTY SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID BY YOU FOR THE VARJO PRODUCT.
THESE EXCLUSIONS APPLY EVEN IF A REMEDY
FAILS OF ITS ESSENTIAL PURPOSE OR VARJO
HAS BEEN ADVISED OF THE POSSIBILITY OF
THESE DAMAGES, FOR ANY CLAIM ARISING
FROM OR RELATED TO THIS LIMITED WARRANTY,
REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT PRODUCT LIABILITY OR ANY OTHER
CAUSE OF ACTION OR LEGAL OR EQUITABLE
THEORY. Some states and countries do not
allow the exclusion or limitation of incidental
or consequential damages, so limitations or
exclusions in this Limited Warranty may not apply
to you.
6. General provisions
6.1 This Limited Warranty shall be subject to
Finnish law, excluding its choice of law
provisions. The UN Convention on Contracts for
the International Sale of Goods shall not apply.
Any dispute, controversy or claim arising out of
this Limited Warranty shall be finally settled by
arbitration in accordance with the Arbitration
Rules of the Finland Chamber of Commerce.
Seat of arbitration shall be Helsinki. The
language of the arbitration shall be English.
6.2 If any provision of this Limited Warranty is
found to be illegal, invalid or unenforceable
under the laws of any jurisdiction, this will not
affect the legality, validity or enforceability of
any other provision of the Limited Warranty.