gives Purchaser specific legal rights, and Purchaser may also have other rights which vary by jurisdiction.

All third party software provided with the Product is provided “AS IS”. Purchaser assumes the entire risk as to the quality, performance, accuracy and effect of such software, and should it prove defective, Purchaser, and not Manufacturer, assumes the entire cost of all necessary servicing or repair.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MANUFACTURER BE LIABLE FOR ANY LOST DATA, REVENUE OR PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE

THE PRODUCT, EVEN IF MANUFACTURER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MANUFACTURER’S LIABILITY EXCEED THE AMOUNT PAID BY PURCHASER FOR THE PRODUCT.

The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some

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