User's Manual

66 67
PURPOSES, WILL HAVE ANY BENEFICIAL
EFFECT OR THE OPERATION OF THE
SOFTWARE WILL
BE ERROR FREE OR
THAT THE CONTENTS OF THIS USER
MANUAL ARE ERROR FREE.
Some states may not allow a disclaimer
of all warranties, express or implied,
with respect to software. In that case,
Biocomfort limited product warranty
applicable to the hardware sold to you
shall apply to the software except that
Biocomfort disclaims all implied
warranties to the maximum extend
permissible by applicable law.
12 Limitation of Liability and
Exclusion of Certain Damages
To the maximum extent permissible by
applicable law, in no event shall Biocomfort
or its direct, indirect and ultimate parent
companies, its other affiliates, or their respec-
tive licensors, be liable for any
consequential, indirect, special, incidental,
punitive or other damages whatsoever,
including without limitation damages for loss
of future or anticipated business profits, loss
of goodwill, loss of revenue, loss of business
opportunity, business interruption, loss of
business information, loss of earnings,
compensation or benefits, or any other
pecuniary loss, and including under any
claim of negligence, strict liability, design
defect, or other theory, arising from (1) any
defect in the software or the use of or
inability to use the software or firmware
installed on any hardware sold to you, or
furnished with or referenced, in this user
manual or from the licensing of the software
or firmware by Biocomfort or the
provisionany services by Biocomfort or
Biocomfort USA, (2) any defect or error in
this user manual or any other
documentation, even if Biocomfort and/or
Biocomfort USA have been advised by you
of the possibility of such damages.
To the maximum extent permitted by
applicable law, Biocomfort and its direct,
indirect and ultimate parent companies, its
other affiliates, its suppliers and its contract
manufacturers shall have no liability for
punitive, special, incidental, consequential
or indirect damages resulting from the
purchase or use or non-use of any
Biocomfort product or any part thereof, from
any product defect, from any damage to real
or personal property, from any use in
disregard of any instructions or any warnings
attached to or furnished with the product, or
from breach of warranty, breach of contract,
negligence, tort liability, strict liability, or any