
•viii
THAT THE DEVICE AND/OR THE SOFTWARE WILL MEET ANY OR
ALL OF YOUR BUSINESS NEEDS OR REQUIREMENTS.
b. Representations and Warranties of You. You represents and
warrants that (i) You are a company, entity and/or legal organization that is
incorporated, organized or otherwise formed and existing in the United States;
and (ii) You will only use the Device, the Software and the Documentation in
accordance with the terms of this Agreement, and will not commit, directly or
through others, any act in contravention of this Agreement, including without
limitation, any of the acts described in Section 2(b) above.
c. No Consequential Damages. IN NO EVENT, SHALL PMIOR
ANY LICENSOR (INCLUDING OPERA), OR ANY OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, MANGERS, MEMBERS, EMPLOYEES,
SUPPLIERS, CONTRACTORS, AFFILIATES, LICENSEES OR BUSINESS
PARTNERS (EACH, A “PMI PARTY”) BE LIABLE TO YOU OR ANY
OTHER PERSON OR ENTITY FOR ANY SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR
OTHER PECUNIARY OR NON-PECUNIARY LOSS) ARISING OUT OF
YOUR LICENSING, PURCHASE AND/OR USE OF THE DEVICE, THE
SOFTWARE AND/OR THE DOCUMENTATION, WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED
WARRANTY, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY,
OR ANY OTHER LEGAL THEORY, EVEN IF PMI OR A PMI PARTY WAS
ADVISED ABOUT THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
d. Limitation of Liability. IN NO EVENT SHALL PMI OR ANY
PMI PARTY BE LIABLE TO YOU FOR ANY INJURY, LOSS, OR
DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, OR
RELATING TO, DIRECTLY OR INDIRECTLY, (A) YOUR LICENSING,
ACCESS AND/OR USE OF THE SOFTWARE; (B) YOUR PURCHASING
AND/OR USE OF THE DEVICE; (C) YOUR USE OF THE
DOCUMENTATION; (D) THIS AGREEMENT; (E) ANY ACT OR
OMISSION OF ANY THIRD PARTY USING THE DEVICE OR THE
SOFTWARE; (F) THE TERMINATION OF YOUR LICENSE TO USE THE
SOFTWARE; AND (G) ANY OTHER MATTER, CIRCUMSTANCE, ACT,
OR OMISSION, RELATING TO THE DEVICE, THE SOFTWARE AND/OR
THE DOCUMENTATION. THE FORGOING EXCLUSION APPLIES
WITHOUT LIMITATION TO ALL LIABILITY FOR LOST PROFITS AND
ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE
OR RELIANCE DAMAGES, REGARDLESS OF WHETHER SUCH
LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT
LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL
PURPOSE OR OTHERWISE AND EVEN IF PMI OR A PMI PARTY WAS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.