NOTWITHSTANDING THE FOREGOING, ALACRITECH’S TOTAL LIABILITY FOR ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED THE PRICE PAID FOR THE PRODUCT. THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING THE PRODUCT PRICE. ALACRITECH NEITHER ASSUMES NOR AUTHORIZES ANYONE TO ASSUME FOR IT ANY OTHER LIABILITIES.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
CRITICAL CONTROL APPLICATIONS: Alacritech specifically disclaims liability for use of the accelerator product in critical control applications (including, for example only, safety or health care control systems, nuclear energy control systems, or air or ground traffic control systems) by Licensee or Sublicensees, and such use is entirely at the user’s risk. Licensee agrees to defend, indemnify, and hold Alacritech harmless from and against any and all claims arising out of use of the accelerator product in such applications by Licensee or Sublicensees.
SOFTWARE: Software provided with the accelerator product is not covered under the hardware warranty described above. See the applicable software license agreement that shipped with the accelerator product for details on any software warranty.
Alacritech Scalable Networking Accelerator Hardware Installation Guide (Fiber) |