26
THE ABOVE WARRANTIES ARE MADE BY FARALLON ALONE, AND THEY ARE THE ONLY WARRANTIES MADE BY ANYONE REGARDING THE ENCLOSED PRODUCT. FARALLON AND ITS LICENSOR(S) MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE ENCLOSED PRODUCT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED ABOVE, FARALLON AND ITS LICENSOR(S) DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME STATES OR JURISDICTIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT CASE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY
(90)DAYS FROM THE DATE OF DELIVERY OF THE PRODUCT. THERE MAY BE OTHER RIGHTS THAT YOU MAY HAVE WHICH VARY FROM JURISDICTION TO JURISDICTION.
Regardless Of Whether Or Not Any Remedy Set Forth Herein Fails Of Its Essential Purpose, In No Event Will Farallon, Its Licensor(S) And The Directors, Officers, Employees Or Agents Of Any Of Them Be Liable To You For Any Consequential, Incidental Or Indirect Damages (Including Damages For Loss Of Business Profits, Business Interruption, Loss Of Business Information, And The Like) Arising Out The Use Or Inability To Use The Product Even If Farallon Or Its Licensor(S) Have Been Advised Of The Possibility Of Such Damages. Because Some States Or Jurisdictions Do Not Allow The Exclusion Or Limitation Of Liability For Consequential Or Incidental Damages, The Above Limitations May Not Apply To You. Farallon And Its Licensor(S) Liability To You For Actual Damages From Any Cause Whatsoever, And Regardless Of The Form Of The Action (Whether In Contract, Tort [Including Negligence], Product Liability Or Otherwise), Will Be Limited To $50.