facility
authorized
by
August
to
service
your
August
Device. This
warranty
does
not
cover
consumable
parts (such
as
batteries). This
warranty
gives
you
specific
legal
rights, and
you
may
also
have
other
rights
which
vary
from
state
to
state (and
jurisdiction
to
jurisdiction).
5.
Disclaimer
of
Warranties.
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY
AND
THE REMEDIES SET FORTH ARE EXCLUSIVE
AND
IN
LIEU
OF
ALL OTHER WARRANTIES, REMEDIES
AND
CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY,
EXPRESS OR IMPLIED. AUGUST DISCLAIMS ALL STATUTORY
AND
IMPLIED WARRANTIES, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY
AND
FITNESS FOR A PARTICULAR PURPOSE
AND
WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY
LAW.
IN SO
FAR
AS SUCH WARRANTIES
CANNOT
BE
DISCLAIMED, AUGUST LIMITS THE DURATION
AND
REMEDIES
OF
SUCH
WARRANTIES TO THE DURATION
OF
THIS EXPRESS WARRANTY AND, AT AUGUST'S OPTION, THE
REPAIR
OR REPLACEMENT SERVICES DESCRIBED ABOVE. SOME STATES (COUNTRIES
AND
PROVINCES)
DO
NOT
ALLOW LIMITATIONS
ON
HOW
LONG
AN
IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION
DESCRIBED ABOVE MAY
NOT
APPLY TO YOU.
6.
Limitation
of
Damages.
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, TO THE
MAXIMUM
EXTENT PERMITTED BY LAW,
NEITHER AUGUST NOR ITS SUPPLIERS SHALL
BE
RESPONSIBLE OR LIABLE WITH RESPECT TO
ANY
SUBJECT
MATTER
OF
THIS AGREEMENT OR TERMS OR CONDITIONS RELATED THERETO UNDER
ANY
BREACH OF
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
ANY
OTHER THEORY (A) FOR LOSS OR INACCURACY OF
DATA OR COST
OF
PROCUREMENT
OF
SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (B) FOR
ANY
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT
NOT
LIMITED TO BUSINESS
INTERRUPTION, LOSS OF REVENUES
AND
LOSS OF PROFITS. THE FOREGOING SHALL APPLY EVEN IF AUGUST
HAS BEEN ADVISED
OF
THE POSSIBILITY
OF
SUCH DAMAGES. TO THE
MAXIMUM
EXTENT PERMITTED BY LAW,
AUGUST'S AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL
NOT
EXCEED THE ORIGINAL PURCHASE
PRICE PAID FOR THE DEVICE THAT CAUSED SUCH DAMAGE. CERTAIN STATES (COUNTRIES
AND
PROVINCES)
DO NOT ALLOW THE LIMITATION
OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
EXCLUSIONS SET FORTH ABOVE MAY
NOT
APPLY TO YOU.
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