24
INCOMPATIBILITY OF THE PRODUCT WITH ANY OTHER
PRODUCT, HARDWARE, SOFTWARE OR USAGE, EVEN IF
SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Limitation on Liability. Notwithstanding any provision to
the contrary herein and with the exception of the claims of
intellectual property rights infringements and the
payments obligations hereunder, the liability of
Manufacturer for any claim whatsoever related to the
Products or this Agreement, including any cause of action
sounding in contract, tort, or strict liability, shall not
exceed the greater of Ten Thousand ($10,000.00) Dollars
or the total amount of payments theretofore paid by
Purchaser during the previous six month period to
Manufacturer in connection with the Products relating to
such liability. THIS LIMITATION OF LIABILITY SHALL NOT
APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO
THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. FURTHERMORE, BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION, IF
APPLICABLE, MAY NOT APPLY TO PURCHASER.
Applicability. The limitations and exclusions contained
herein shall apply notwithstanding any failure of essential
purpose of any limited remedy.
To Previous Page
Loading...
Need help?
General
