4G PRIMARY
ALARM COMMUNICATOR
8
WARRANTY &
LIMITATION OF LIABILITY (cont.)
Limitation of Liability
NEITHER UPLINK NOR ITS THIRD PART SERVICE PROVIDERS SHALL BE
LIABLE TO ANY UPLINK DISTRIBUTOR OR RESELLER, ANY INSTALLER,
ANY END USER OF AN UPLINK DEVICE OR UPLINK SERVICE, OR ANY
OTHER THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES INCLUDING, WITHOUT
LIMITATION, LOST DATA, SALES, REVENUES, OR PROFITS, REGARDLESS
OF THE FORESEEABILITY OF SUCH DAMAGES. NEITHER UPLINK NOR ITS
SERVICE PROVIDERS SHALL BE LIABLE FOR ANY CLAIM RESULTING FROM
OR RELATING TO (A) THIRD PARTY CRIMINAL ACTIVITY OR FRAUD; (B) ACTS
OR OMISSIONS OF UPLINK DISTRIBUTORS AND RESELLERS, END USERS
OF UPLINK DEVICES OR UPLINK SERVICES, OR OTHER THIRD PARTIES; OR,
(C) EXCEPT AS OTHERWISE MANDATED BY APPLICABLE LAW, BREACHES
OF PRIVACY OR DATA SECURITY TRACEABLE TO THIRD PARTIES. NEITHER
UPLINK NOR ITS SERVICE PROVIDERS SHALL BE LIABLE FOR ANY CLAIM
RESULTING FROM THE FAILURE OF AN UPLINK DEVICE, UPLINK SERVICE,
THIRD PARTY EQUIPMENT OR SERVICE, OR ANY END USE THEREOF
INCLUDING, WITHOUT LIMITATION, A HEALTH, MEDICAL, ALARM, SAFETY, OR
SECURITY APPLICATION, EVEN IF THE CLAIM IS ATTRIBUTABLE IN WHOLE
OR IN PART TO AN ACT OR OMISSION OR OTHER FAULT ON THE PART OF
UPLINK OR ITS SERVICE PROVIDER. IN NO EVENT SHALL UPLINK’S AND
ITS SERVICE PROVIDER’S TOTAL, CUMULATIVE LIABILITY FOR ANY ONE OR
MORE RELATED OR UNRELATED CLAIMS EXCEED AN AMOUNT EQUAL TO
THE AGGREGATE AMOUNT PAID BY THE CLAIMANT FOR UPLINK SERVICE
DURING THE 12 MONTH PERIOD PRECEDING THE DATE OF THE EARLIEST
EVENT GIVING RISE TO THE SUBJECT CLAIM(S).
