5.2 LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY, SEAKEEPER SHALL NOT BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
INCLUDING BUT NOT LIMITED TO LOST PROFITS ARISING OUT OF THE
PERFORMANCE, DELAYED PERFORMANCE OR BREACH OF PERFORMANCE OF THIS
ORDER REGARDLESS WHETHER SUCH LIABILITY BE CLAIMED IN CONTRACT, EQUITY,
TORT OR OTHERWISE. SEAKEEPER'S OBLIGATION IS LIMITED SOLELY TO REPAIRING
OR REPLACING (AT ITS OPTION AND AS SET FORTH IN SECTION 5), AT ITS APPROVED
REPAIR FACILITY, ANY GOODS OR PARTS WHICH PROVE TO SEAKEEPER'S
SATISFACTION TO BE DEFECTIVE AS A RESULT OF DEFECTIVE MATERIALS OR
WORKMANSHIP, IN ACCORDANCE WITH SEAKEEPER'S STATED WARRANTY. IN NO
EVENT SHALL SEAKEEPER'S LIABILITY EXCEED THE TOTAL PURCHASE PRICE SET
FORTH IN THIS ORDER.
5.3 PROPERTY RIGHTS
Except where otherwise expressly agreed, all patterns, tools, jigs and fixtures, drawings,
designs, software and other materials and data developed, fabricated by Seakeeper shall be
and shall remain Seakeeper's property. Except as specifically provided for in the order, Buyer
shall have no right in any technical data, Intellectual Property Rights, and computer software
associated with the order. Buyer shall not use or permit the use of the Goods that in any way
could result in the disclosure of Seakeeper's proprietary information.
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