KODAK DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
REPAIR OR REPLACEMENT, AT KODAK’S OPTION, WITHOUT CHARGE ARE KODAK'S ONLY OBLIGATIONS UNDER THIS WARRANTY. KODAK WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE PURCHASE, USE, OR IMPROPER FUNCTIONING OF THE KODAK SMART PICTURE FRAME REGARDLESS OF THE CAUSE, EVEN IF KODAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Such damage for which Kodak will not be responsible include, but is not limited to, loss of revenue or profit, downtime costs, loss of use of the KODAK Smart Picture Frame, cost of any substitute equipment, facilities or services, or claims of your customers for such damages.
Kodak's total liability to you for actual damages for any cause whatsoever will be limited to the amount paid by you for the KODAK Smart Picture Frame.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
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