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Nortek Numera Libris - Page 61

Nortek Numera Libris
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61
UNDERSTANDS AND AGREES
THAT THE UNDERLYING CARRIER
HAS NO LEGAL, EQUITABLE, OR
OTHER LIABILITY OF ANY KIND TO
THE END USER. IN ANY EVENT, RE-
GARDLESS OF THE FORM OF THE
ACTION, WHETHER FOR BREACH
OF CONTRACT, WARRANTY, NEG-
LIGENCE, STRICT LIABILITY IN
TORT OR OTHERWISE, THE END
USER’s EXCLUSIVE REMEDY FOR
CLAIMS ARISING IN ANY WAY IN
CONNECTION WITH THIS AGREE-
MENT, FOR ANY CAUSE WHAT-
SOEVER, INCLUDING BUT NOT
LIMITED TO ANY FAILURE OR
DISRUPTION OF SERVICE PRO-
VIDED HEREUNDER, IS LIMITED
TO PAYMENT OF DAMAGES IN AN
AMOUNT NOT TO EXCEED THE
AMOUNT PAID BY THE END USER
FOR THE SERVICES DURING THE

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