Warranty and Disclaimer, Continued
Customer acknowledges its responsibility to use all reasonable methods to prove out and thoroughly test the operation of and output from Licensed Software prior to its use in Customer's operations.
Unless otherwise provided in a separate writing, and subject only to the warranty of this Section, S-A is under no obligation to provide Customer with any modifications, updates, additions, or revisions to licensed software, or to maintain licensed software in any manner.
In the event that any modifications that have not been authorized by S-A are made to licensed software, any and all warranty and other obligations of S-A shall immediately cease with respect to such software.
Claims Under This Warranty
In case of a claim under this warranty, Customer should do the following:
1.Notify S-A by giving the Item model number, serial number, and details of the difficulty.
2.On receipt of this information, Customer will be given service data or shipping instructions.
3.On receipt of shipping instructions, forward the Item prepaid.
4.If the Item or fault is not covered by warranty, an estimate of charges will be furnished before work begins.
Limitation of Liability
EXCEPT FOR CLAIMS FOR PERSONAL INJURY CAUSED BY ITEMS FURNISHED BY S-A, S-A SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEM- PLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE TRANSACTION IN WHICH THE ITEMS OR SERVICES WERE FURNISHED OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH OR RELATING TO THE SALE, LICENSE, OR USE OF ANY ITEMS OR SERVICES FURNISHED, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT, OR OTHER LEGAL THEORY AND REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY PROVIDED HEREIN FAILS. IN NO EVENT SHALL S-A’S TOTAL LIABILITY UNDER A CONTRACT OR PURCHASE ORDER FOR HARDWARE ITEMS OR SERVICES EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID FOR SUCH ITEMS PROVIDED UNDER THE CONTRACT OR PURCHASE ORDER. IN NO EVENT SHALL S-A BE LIABLE TO CUSTOMER FOR ANY DAMAGES RELATED TO LICENSED SOFTWARE IN EXCESS OF THE LESSER OF TEN THOUSAND UNITED STATES DOLLARS (US$10,000) OR THE LICENSE FEE PAID BY CUSTOMER TO S-A FOR THE LICENSED SOFTWARE.
