28xx CIP-D User Guide ix
PRACTICE ARE HEREBY EXCLUDED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW. THIS
DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE
FAILS OF ITS ESSENTIAL PURPOSE.
6. LIMITATION OF LIABILITY. IN NO EVENT WILL TELTRONICS BE LIABLE FOR INCIDENTAL, INDIRECT,
SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND EVEN IF THEY ARE
FORESEEN OR FORESEEABLE. TELTRONICS' MAXIMUM CUMULATIVE LIABILITY RELATIVE TO ALL
OTHER CLAIMS AND LIABILITIES, INCLUDING THAT WITH RESPECT TO DIRECT DAMAGES, WILL NOT
EXCEED THE LICENSE FEE PAID FOR THE SOFTWARE GIVING RISE TO THE CLAIM OR LIABILITY. THESE
DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF ANY OTHER CONTRARY
PROVISION OF THIS AGREEMENT AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT OR OTHERWISE, AND FURTHER WILL EXTEND TO THE BENEFIT OF TELTRONICS'
SUPPLIERS, DISTRIBUTORS AND RESELLERS AS THIRD-PARTY BENEFICIARIES. EACH PROVISION IN
THE AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY OR
CONDITION OR EXCLUSION OF DAMAGES IS SEVERABLE AND INDEPENDENT OF ANY OTHER
PROVISION AND IS TO BE ENFORCED AS SUCH.
7. GOVERNING LAW, VENUE, AND JURISDICTION. This Agreement will be governed by and construed in
accordance with the laws of the State of Florida but without regard to that state’s conflict of laws principles. The
parties agree that any action to enforce any provision of this Agreement or arising out of this Agreement or the
business relationship between Teltronics and You will be brought in the state or Federal court of competent
jurisdiction in the State of Florida. You and Teltronics agree that the United Nations Convention on Contracts for
the International Sale of Goods (1980) shall not apply or govern this Agreement, the performance of, or any
transaction between the parties under this Agreement. Reasonable attorney fees shall be reimbursed, with respect
to the foregoing, to the party who prevails on the merits.
To Next Page
Loading...
Need help?
General
