EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE IN THIS LIMITED WARRANTY SECTION, THERE ARE NO WARRANTIES, EITHER EXPRESS OR IMPLIED. THE SOFTWARE IS PROVIDED AS IS, WITH ALL FAULTS. SMC DISCLAIMS AND EXCLUDES ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AGAINST INFRINGEMENT AND THE LIKE, AND ANY AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING ON SMC’S SKILL OR JUDGEMENT TO SELECT OR FURNISH SUITABLE GOODS.
PRODUCTS AND SERVICES PROVIDED BY SMC ARE NOT DESIGNED, INTENDED OR AUTHORIZED FOR USE IN ANY LIFE SUPPORT OR OTHER APPLICATION WHERE PRODUCT FAILURE COULD CAUSE OR CONTRIBUTE TO PERSONAL INJURY OR SUBSTANTIAL PROPERTY DAMAGE. IF YOU APPLY ANY PRODUCT OR SERVICE PURCHASED OR LICENSED FROM SMC TO ANY SUCH UNINTENDED OR UNAUTHORIZED USE, YOU SHALL INDEMNIFY AND HOLD SMC, ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS, HARMLESS AGAINST ALL CLAIMS, COSTS, DAMAGES AND EXPENSES ARISING, DIRECTLY OR INDIRECTLY, OUT OF ANY SUCH UNINTENDED OR UNAUTHORIZED USE, EVEN IF SUCH CLAIM ALLEGES THAT SMC OR ANY OTHER PERSON OR ENTITY WAS NEGLIGENT IN DESIGNING OR MANUFACTUR- ING THE PRODUCT.
Limitation of Liability and Damages
IN NO EVENT SHALL SMC BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAM- AGES; OR FOR LOST PROFITS, SAVINGS OR REVENUES OF ANY KIND; OR FOR ANY ACTUAL DAMAGES IN EXCESS OF $100,000; REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT; TORT; NEGLIGENCE OF SMC OR OTHERS; STRICT LIABILITY; BREACH OF WARRANTY; OR OTHERWISE; WHETHER OR NOT ANY REMEDY IS HELD TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND WHETHER OR NOT SMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Copyright © 2008 by SMC Networks, Inc.
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