Specifications

10 Manufacturer’s Warranty
DISTRIBUTORS, RESELLERS, SUPPLIERS, AGENTS,
OFFICERS, AND DIRECTORS SHALL HAVE ANY
LIABILITY TO YOU OR TO ANY OTHER PERSON OR
ENTITY FOR ANY DAMAGES HOWSOEVER
CAUSED INCLUDING, BUT NOT LIMITED TO, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, GENERAL,
CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY
DAMAGES WHATSOEVER INCLUDING, BUT NOT
LIMITED TO, LOSS OF REVENUE OR PROFIT,
DAMAGES TO PROPERTY OR PERSONS, LOST OR
DAMAGED DATA, OR OTHER COMMERCIAL OR
ECONOMIC LOSS, EVEN IF ANY SUCH
AFOREMENTIONED PERSON HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR THEY
ARE FORESEEABLE, OR FOR CLAIMS BY ANY
THIRD PARTY. MAXIMUM AGGREGATE LIABILITY OF
THE AFOREMENTIONED PERSONS SHALL NOT
EXCEED THE AMOUNT PAID BY YOU FOR THE
PRODUCT. THE LIMITATIONS IN THIS SECTION
SHALL APPLY WHETHER OR NOT THE ALLEGED
BREACH, DEFAULT, NON-PERFORMANCE, OR
FAILURE IS A BREACH OF FUNDAMENTAL
CONDITION OR TERM, OR A FUNDAMENTAL
BREACH.
In the event that the Product supplied by Vendor is
found to infringe any third-party US or Canadian
patent, trade secret, copyright, trademark, or other
proprietary right and/or the use of the Product is
enjoined, Vendor will, at its sole option, either (a)
procure for you the right to use such Product; (b)
modify such Product so that it becomes non-infringing
while giving equivalent functionality and performance;
or (c) if neither of the foregoing options is reasonably
available, refund to you all amounts paid for the
infringing Products, depreciated on a straight line basis
over a three-year period. Vendor will have no liability or
obligation to you to the extent the infringement is
caused by, or based upon: (a) use of the Product in an
application or environment, or on a platform, or with