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All third party software provided with the Product is provided “AS IS”.
Purchaser assumes the entire risk as to the quality, performance, accuracy
and effect of such software, and should it prove defective, Purchaser, and not
Manufacturer, assumes the entire cost of all necessary servicing or repair.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL
MANUFACTURER BE LIABLE FOR ANY LOST DATA, REVENUE OR PROFIT,
OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE
DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY,
ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE
THE PRODUCT, EVEN IF MANUFACTURER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MANUFACTURER’S
LIABILITY EXCEED THE AMOUNT PAID BY PURCHASER FOR THE PRODUCT.
The foregoing limitations will apply even if any warranty or remedy
provided under this Agreement fails of its essential purpose. Some
jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not
apply to Purchaser.
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