4.4Product Registration, Critical Control Applications

Chapter 4. Customer Support

4.3.1Limitation of Liability and Remedies

INTEL’S SOLE LIABILITY HEREUNDER SHALL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. IN NO EVENT SHALL INTEL HAVE ANY LIABILITY FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF INTELLECTUAL PROPERTY, REPROCUREMENT COSTS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF GOODWILL, AND LOSS OF PROFITS, WHETHER ANY SUCH DAMAGES ARISE OUT OF CONTRACT, NEGLIGENCE, TORT OR UNDER ANY WARRANTY, IRRESPECTIVE OF WHETHER INTEL HAS ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, INTEL’S TOTAL LIABILTIY FOR ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED THE PRICE PAID FOR THE PRODUCT. THESE LIMITATIONS ON POTENIAL LIABLITIES WERE AN ESSENTIAL ELEMENT IN SETTING THE PRODUCT PRICE. INTEL 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

Intel specifically disclaims liability for use of the hardware 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 you or your customers, and such use is entirely at the user’s risk. You agree to defend, indemnify, and hold Intel harmless from and against any and all claims arising out of use of the hardware product in such applications by you or your customers.

Software

Software provided with the hardware product is not covered under the hardware warranty described above. See the applicable software license agreement which shipped with the hardware product for details on any software warranty.