
LinkPowerLPS1000 Adjustable Voltage PoE Switch
Page 13 of 71
OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
IF YOU ACQUIRED THE SOFTWARE IN JAPAN, EXCEPT FOR LIABILITY ARISING OUT OF
OR IN CONNECTION WITH DEATH OR PERSONAL INJURY, FRAUDULENT
MISREPRESENTATION, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH
HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL
INSCAPE DATA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS AND LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR LOST
OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL,
INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER
CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING
OUT OF THE USE OF OR INABILITY TO USE SOFTWARE OR OTHERWISE AND EVEN IF
INSCAPE DATA OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
IF YOU ACQUIRED THE SOFTWARE IN EUROPE, THE MIDDLE EAST, AFRICA, ASIA OR
OCEANIA, IN NO EVENT WILL INSCAPE DATA, ITS AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, BE LIABLE FOR ANY LOST
REVENUE, LOST PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION,
LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR
PUNITIVE DAMAGES, HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, IN
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR WHETHER ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF, IN EACH CASE, INSCAPE
DATA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS
AND LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR
EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT FULLY APPLY TO YOU. THE FOREGOING WAIVER SHALL NOT APPLY TO ANY
LIABILITY ARISING OUT OF OR IN CONNECTION WITH: (I) DEATH OR PERSONAL
INJURY, (II) FRAUDULENT MISREPRESENTATION, OR (III) INSCAPE DATA'S LIABILITY IN
CONNECTION WITH ANY TERMS THAT CANNOT BE EXCLUDED UNDER APPLICABLE
LAW.
For all countries referred to above, Customer agrees that the limitations of liability and
disclaimers set forth herein will apply regardless of whether Customer has accepted the
Software or any other product or service delivered by Inscape Data. Customer acknowledges