SECTION 8 SPECIFICATIONS, WARRANTY AND
SOFTWARE LICENSE AGREEMENT
8-5
THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR ASPECT’S
PRODUCTS, EXTENDS ONLY TO THE PURCHASER, AND IS EXPRESSLY IN LIEU
OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING WITHOUT
LIMITATION ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. ASPECT’S MAXIMUM LIABILITY ARISING OUT OF THE
SALE OF THE PRODUCTS OR THEIR USE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL
PAYMENTS RECEIVED BY ASPECT IN CONNECTION THEREWITH. ASPECT
SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
LOSS, DAMAGE OR EXPENSE (INCLUDING WITHOUT LIMITATION LOST PROFITS)
DIRECTLY OR INDIRECTLY ARISING FROM THE SALE, INABILITY TO SELL, USE
OR LOSS OF USE OF ANY PRODUCT. EXCEPT AS SET FORTH HEREIN, ALL
PRODUCTS ARE SUPPLIED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED.