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LIMITATION OF LIABILITY AND DAMAGES
The product and the software within are provided "as is," basis. The
manufacturer and manufacturer’s resellers (collectively referred to as
“the sellers”) disclaim all warranties, express, implied or statutory,
including without limitation the implied warranties of non-infringement,
merchantability or fitness for a particular purpose, or any warranties
arising from course of dealing, course of performance, or usage of
trade. In no event will the sellers be liable for damages or loss, including
but not limited to direct, indirect, special willful, punitive, incidental,
exemplary, or consequential, damages, damages for loss of business
profits, or damages for loss of business of any customer or any third
party arising out of the use or the inability to use the product or the
software, including but not limited to those resulting from defects in the
product or software or documentation, or loss or inaccuracy of data of
any kind, whether based on contract, tort or any other legal theory,
even if the parties have been advised of the possibility of such damages.
The entire risk as to the results and performance of the product or its
software is assumed by customer. Because some states do not allow
the exclusion or limitation of liability for damages, the above limitation
may not apply to the parties. In no event will the sellers’ total
cumulative liability of each and every kind in relation to the product or
its software exceed the amount paid by customer for the product.