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Warranty and Disclaimer, Continued
Customer acknowledges its responsibility to use all reasonable methods to prove out
and thoroughly test the operation of and output from Licensed Software prior to its
use in Customer's operations.
Unless otherwise provided in a separate writing, and subject only to the warranty of
this Section, S-A is under no obligation to provide Customer with any modifications,
updates, additions, or revisions to licensed software, or to maintain licensed
software in any manner.
In the event that any modifications that have not been authorized by S-A are made to
licensed software, any and all warranty and other obligations of S-A shall
immediately cease with respect to such software.
Claims Under This Warranty
In case of a claim under this warranty, Customer should do the following:
1.
Notify S-A by giving the Item model number, serial number, and details of
the difficulty.
2.
On receipt of this information, Customer will be given service data or
shipping instructions.
3. On receipt of shipping instructions, forward the Item prepaid.
4.
If the Item or fault is not covered by warranty, an estimate of charges will be
furnished before work begins.
Limitation of Liability
EXCEPT FOR CLAIMS FOR PERSONAL INJURY CAUSED BY ITEMS FURNISHED BY S-A,
S-A SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY
FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEM-
PLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE TRANSACTION
IN WHICH THE ITEMS OR SERVICES WERE FURNISHED OR ANY ACTS OR OMISSIONS
ASSOCIATED THEREWITH OR RELATING TO THE SALE, LICENSE, OR USE OF ANY
ITEMS OR SERVICES FURNISHED, WHETHER SUCH CLAIM IS BASED ON BREACH OF
WARRANTY, CONTRACT, TORT, OR OTHER LEGAL THEORY AND REGARDLESS OF
THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY
PROVIDED HEREIN FAILS. IN NO EVENT SHALL S-A’S TOTAL LIABILITY UNDER A
CONTRACT OR PURCHASE ORDER FOR HARDWARE ITEMS OR SERVICES EXCEED
AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID FOR SUCH ITEMS PROVIDED
UNDER THE CONTRACT OR PURCHASE ORDER. IN NO EVENT SHALL S-A BE LIABLE
TO CUSTOMER FOR ANY DAMAGES RELATED TO LICENSED SOFTWARE IN EXCESS
OF THE LESSER OF TEN THOUSAND UNITED STATES DOLLARS (US$10,000) OR THE
LICENSE FEE PAID BY CUSTOMER TO S-A FOR THE LICENSED SOFTWARE.
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