THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS PRODUCT IS ASSUMED BY YOU. NEITHER THE ORIGINAL OWNER OF THE PRODUCT NOR THE VENDOR NOR VENDOR’S DISTRIBUTORS, RESELLERS, SUPPLIERS, AGENTS, OFFICERS, AND DIRECTORS SHALL HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES HOWSOEVER CAUSED INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, DAMAGES TO PROPERTY OR PERSONS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF ANY SUCH AFOREMENTIONED PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE, OR FOR CLAIMS BY ANY THIRD PARTY. MAXIMUM AGGREGATE LIABILITY OF THE AFOREMENTIONED PERSONS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH, DEFAULT, NON- PERFORMANCE, OR FAILURE IS A BREACH OF FUNDAMENTAL CONDITION OR TERM, OR A FUNDAMENTAL BREACH.
In the event that the Product supplied by Vendor is found to infringe any third-party US or Canadian patent, trade secret, copyright, trademark, or other proprietary right and/or the use of the Product is enjoined, Vendor will, at its sole option, either (a) procure for you the right to use such Product; (b) modify such Product so that it becomes non-infringing while giving equivalent functionality and performance; or (c) if neither of the foregoing options is reasonably available, refund to you all amounts paid for the infringing Products, depreciated on a straight line basis over a three-year period. Vendor will have no liability or obligation to you to the extent the infringement is caused by, or based upon: (a) use of the Product in an application or environment, or on a platform, or with devices for which the Product was not designed or contemplated; (b) modifications, alterations, combinations, or enhancements of the Product not created by Vendor; (c) any third-party defined feature that Vendor incorporates into the Product at the request of such third party; or (e) your failure to install any corrections or enhancements made available by Vendor that maintain equivalent or better functionality and performance, to the extent that such correction or enhancement would have avoided the infringement claim. Vendor’s obligations do not apply to any alleged infringement occurring after you have received written notice of the
