NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT SHALL
THE TOTAL LIABILITY OF MASPORT TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THE AGREEMENT OR
YOUR PURCHASE OR USE OF THE PRODUCTS EXCEED, IN THE AGGREGATE, THE LISTED
PURCHASE PRICE PAID BY YOU FOR THE PRODUCTS YOU PURCHASED PURSUANT TO THE
TERMS HEREUNDER.
Some jurisdictions do not allow the exclusion of damages, so such exclusions may not apply to you.
The limitation of liability set forth above shall only apply to the extent permitted by applicable law.
Limitation on time to file claims:
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY
HAVE ARISING OUT OF OR RELATING TO THE AGREEMENT OR YOUR USE OF OUR PRODUCTS
MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES,
OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Indemnification:
You agree to indemnify and hold harmless Masport, its affiliated companies and their respective
officers, directors, emp
from and ag
made by any party due to or arising out of your (a) breach of the Agreement, (b) improper use of the
Products, (c) breach of any law or the rights of a third party, or (d) failure to strictly comply with your
obligations to Masport concerning original end-users or any representations made by you to such
original end-user. Masport shall promptly notify you in writing of any threatened or actual claim or
demand and reasonably cooperate with you to facilitate the settlement or defense thereof. You
shall have sole control of the defense or settlement of any claim or demand, provided that Masport,
at our option and expense, may participate and appear on an equal footing with you. You shall not
settle any claim or demand without the written consent of the Indemnified Parties, with such consent
not to be unreasonably withheld or delayed.
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