interruption losses, lost profits, loss of business, loss of data or information, or
financial loss, for claims of any nature, including but not limited to claims in
contract, breach of warranty or tort, and whether or not caused by warrantors’
negligence.
Without waiving any provision in this limited warranty, if a circumstance arises
where warrantors are found to be liable for any loss or damage arising out of
mistakes, negligence, omissions, interruptions, delays, errors or defects in
warrantors’ products or services, such liability shall not exceed the total amount
paid by the customer for warrantors’ product and services or $150.00, whichever is
greater. You hereby release warrantors from any and all obligations, liabilities and
claims in excess of this limitation.
Indemnification and covenant not to sue: you will indemnify, defend and hold
harmless warrantors, their owners, directors, officers, employees, agents, suppliers
or affiliated companies, against any and all claims, demands or actions based upon
any losses, liabilities, damages or costs, including but not limited to damages that
are direct or indirect, incidental, special or consequential, and including attorney’s
fees and legal costs, that may result from the installation, operation, use of, or
inability to use warrantors’ products and services, or from the failure of the
warrantors’ system to report a given event or condition, whether or not caused by
warrantors’ negligence.
You agree to release, waive, discharge and covenant not to sue warrantors, their
owners, directors, officers, employees, agents, suppliers or affiliated companies, for
any and all liabilities potentially arising from any claim, demand or action based
upon any losses, liabilities, damages or costs, including but not limited to damages
that are direct or indirect, incidental, special or consequential, and including
attorney’s fees and legal costs, that may result from the installation, operation, use
of, or inability to use warrantors’ products and services, or from the failure of the
warrantors’ system to report a given event or condition, whether or not caused by
warrantors’ negligence, except as necessary to enforce the express terms of this
limited warranty.
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