User Guide Part 2

Wi-Fi Array
448 Appendix F: Notices
DEVICES OR SYSTEMS IN WHICH A MALFUNCTION OF THE
SOFTWARE WOULD RESULT IN FORESEEABLE RISK OF INJURY OR
DEATH TO THE OPERATOR OF THE DEVICE OR SYSTEM OR TO
OTHERS (“HAZARDOUS APPLICATIONS”). CUSTOMER ASSUMES
ANY AND ALL RISKS, INJURIES, LOSSES, CLAIMS AND ANY OTHER
LIABILITIES ARISING OUT OF THE USE OF THE SOFTWARE IN ANY
HAZARDOUS APPLICATIONS.
3.4 Limitation of Liability.
(a) TOTAL LIABILITY. NOTWITHSTANDING ANYTHING ELSE
HEREIN, ALL LIABILITY OF LICENSOR AND ITS SUPPLIERS
UNDER THIS AGREEMENT SHALL BE LIMITED TO THE
AMOUNT PAID BY CUSTOMER FOR THE RELEVANT
SOFTWARE, OR PORTION THEREOF, THAT GAVE RISE TO SUCH
LIABILITY OR ONE HUNDRED UNITED STATES DOLLARS
(US$100), WHICHEVER IS GREATER. THE LIABILITY OF
LICENSOR AND ITS SUPPLIERS UNDER THIS SECTION SHALL
BE CUMULATIVE AND NOT PER INCIDENT.
(b) DAMAGES. IN NO EVENT SHALL LICENSOR, ITS SUPPLIERS OR
THEIR RELEVANT SUBCONTRACTORS BE LIABLE FOR (A) ANY
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES, LOST PROFITS OR LOST OR DAMAGED DATA, OR
ANY INDIRECT DAMAGES, WHETHER ARISING IN CONTRACT,
TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR
OTHERWISE OR (B) ANY COSTS OR EXPENSES FOR THE
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES IN EACH
CASE, EVEN IF LICENSOR OR ITS SUPPLIERS HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
3.5 Exclusions. SOME JURISDICTIONS DO NOT PERMIT THE
LIMITATIONS OF LIABILITY AND LIMITED WARRANTIES SET
FORTH UNDER THIS AGREEMENT. IN THE EVENT YOU ARE
LOCATED IN ANY SUCH JURISDICTION, THE FOREGOING
LIMITATIONS SHALL APPLY ONLY TO THE MAXIMUM EXTENT
PERMITTED IN SUCH JURISDICTIONS. IN NO EVENT SHALL
THE FOREGOING EXCLUSIONS AND LIMITATIONS ON
DAMAGES BE DEEMED TO APPLY TO ANY LIABILITY BASED
ON FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE OR
PERSONAL INJURY OR DEATH.