SECTION 9 SPECIFICATIONS AND WARRANTY
_______________________________________________________________________
9-12
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.
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