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294 4B. Manufacturer’s Warranty

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY

APPLICABLE LAW, IN NO EVENT SHALL HTC OR ITS

AFFILIATES BE LIABLE TO YOU, ANY USER, OR THIRD

PARTY FOR ANY INDIRECT, SPECIAL,

CONSEQUENTIAL, INCIDENTAL OR PUNITIVE

DAMAGES OF ANY KIND, ARISING IN CONTRACT,

TORT, OR OTHERWISE, INCLUDING, BUT NOT

LIMITED TO, INJURY, LOSS OF REVENUE, LOSS OF

GOODWILL, LOSS OF BUSINESS OPPORTUNITY,

LOSS OF DATA, AND/OR LOSS OF PROFITS,

REGARDLESS OF THE FORESEEABILITY THEREOF

OR WHETHER HTC OR ITS AFFILIATES HAVE BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AND IN NO EVENT SHALL THE TOTAL LIABILITY OF

HTC OR ITS AFFILIATES EXCEED THE AMOUNT

RECEIVED FROM YOU, REGARDLESS OF THE LEGAL

THEORY UNDER WHICH THE CAUSE OF ACTION IS

BROUGHT. THE FOREGOING DOES NOT AFFECT

ANY STATUTORY RIGHTS WHICH MAY NOT BE

DISCLAIMED.

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