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prior written consent. If Castelle decides to support such Hardware or Software, Customer will be
responsible for paying Castelle's then-current standard charges to restore such Hardware or Software to
a condition or version acceptable to Castelle prior to Castelle starting Support Services.
• Product Support Services do not include: (i) onsite services and expenses connected with the
installation, configuration, relocation, or reconfiguration of the Hardware and/or Software; (ii) the cost
of tools, accessories, media or other expendables required by Castelle to perform any Support Services;
or (iii) maintenance or support of operating system software. Castelle does not provide a Product on
loan.
4. Supported Versions of Software
Upon the release of new Software, Castelle will continue to support the two major releases prior to the new
release as follows:
(a) The release immediately prior to the new release will be supported indefinitely.
(b) The release prior to that will be supported for sixty (60) days following the official release of the new
release.
For example: When new release Version 3 is released and officially announced on March 1, Version 2 will be
supported indefinitely. Version 1 will be supported through April 30 of the same year.
5. Limited Warranty
CASTELLE WILL PERFORM THE SUPPORT SERVICES WITH REASONABLE EFFORTS AND
QUALIFIED PERSONNEL. IN CONNECTION WITH THE SUPPORT SERVICES RENDERED AND
THE COMPUTER SOFTWARE, HARDWARE AND DOCUMENTATION PROVIDED BY CASTELLE
IN THE COURSE OF PROVIDING SUCH SERVICES, CASTELLE MAKES NO OTHER WARRANTY,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR
A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. Limited Liability/Disclaimer of Damages
CASTELLE SHALL NOT BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES,
LOSS OF PROFITS, INTERRUPTION OF BUSINESS, OR FOR ANY OTHER SPECIAL, CONSEQUEN
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TIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WAR-
RANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR UNDER AN OTHER THEORY
OF LIABILITY, EVEN IF CASTELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAM
-
AGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN NO EVENT WILL CASTELLE'S TOTAL LIABILITY UNDER THIS
AGREEMENT FOR ALL CLAIMS CUSTOMER OR ANY THIRD PARTY OF WHATEVER NATURE
EXCEED MONIES PAID BY CUSTOMER TO CASTELLE PURSUANT TO THIS AGREEMENT DUR
-
ING THE PRIOR TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY,
MINUS ALL CLAIMS PREVIOUSLY PAID HEREUNDER. THIS LIMITATION IS CUMULATIVE FOR
ALL CLAIMS HOWSOEVER ARISING. THE LIMITATIONS ABOVE SHALL APPLY EVEN IF THE
REMEDIES PROVIDED IN THIS AGREEMENT SHALL FAIL OF THEIR ESSENTIAL PURPOSE.