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Section 3D. One-Year Limited Warranty 39
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS PRODUCT IS
ASSUMED BY YOU. NEITHER THE ORIGINAL OWNER OF THE PRODUCT NOR THE
VENDOR NOR VENDOR’S 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 devices for which the
Product was not designed or contemplated; (b) modifications, alterations, combinations, or
enhancements of the Product not created by Vendor; (c) any third-party defined feature
that Vendor incorporates into the Product at the request of such third party; or (e) your
failure to install any corrections or enhancements made available by Vendor that maintain
equivalent or better functionality and performance, to the extent that such correction or
enhancement would have avoided the infringement claim. Vendor’s obligations do not
apply to any alleged infringement occurring after you have received written notice of the