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(b) PURCHASER'S SOLE REMEDY FOR BREACH OF THE EXPRESS

WARRANTIES ABOVE SHALL BE REPLACEMENT OR REFUND OF THE

PURCHASE PRICE AS SPECIFIED ABOVE, AT FRC'S OPTION. TO THE

FULLEST EXTENT ALLOWED BY LAW, THE WARRANTIES AND REMEDIES SET

FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER

WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY

OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING BUT NOT

LIMITED TO WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY,

CORRESPONDENCE WITH DESCRIPTION, NON-INFRINGEMENT, AND

ACCURACY OF INFORMATION GENERATED. ALL OF WHICH ARE EXPRESSLY

DISCLAIMED. FRC' WARRANTIES HEREIN RUN ONLY TO PURCHASER, AND ARE

NOT EXTENDED TO ANY THIRD PARTIES. FRC NEITHER ASSUMES NOR

AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY

IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF

ITS PRODUCTS.

Limitation of Liability

(a) FRC SHALL NOT BE LIABLE TO THE PURCHASER OR TO ANY THIRD

PARTY, FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF

BUSINESS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR

CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER ARISING UNDER

BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY

OR OTHERWISE AND WHETHER BASED ON THIS AGREEMENT OR OTHERWISE,

EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL

THE LIABILITY FOR DAMAGES HEREUNDER OF FRC OR ITS EMPLOYEES OR

AGENTS EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT BY

PURCHASER, NOR SHALL THE AGGREGATE LIABILITY FOR DAMAGES TO ALL

PARTIES REGARDING ANY PRODUCT EXCEED THE PURCHASE PRICE PAID FOR

THAT PRODUCT BY THAT PARTY (EXCEPT IN THE CASE OF A BREACH OF A

PARTY'S CONFIDENTIALITY OBLIGATIONS).

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