LIMITATION OF LIABILITY AND DAMAGES.
IN NO EVENT WILL MANUFACTURER AND MANUFACTURER’S RESELLERS (COLLECTIVELY REFERRED TO AS “THE SELLERS”) BE LIABLE FOR DAMAGES OR LOSS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL WILLFUL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL, DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, OR DAMAGES FOR LOSS OF BUSINESS OF ANY CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THE USE OR THE INABILITY TO USE THE PRODUCT OR THE SOFTWARES, INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM DEFECTS IN THE PRODUCT OR SOFTWARE OR DOCUMENTATION, OR LOSS OR INACCURACY OF DATA OF ANY KIND, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE PARTIES. IN NO EVENT WILL THE SELLERS’ TOTAL CUMULATIVE LIABLIITY OF EACH AND EVERY KIND IN RELATION TO THE PRODUCT OR ITS SOFTWRE EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE PRODUCT.
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