|
15
<br /> repair or handling,or a virus. Any replacement Software Product or BSM Hardware Product will be
<br /> warranted for the remainder of the original warranty period,or such lesser period as specified by the
<br /> original equipment manufacturer or third party component of the BSM Hardware Product, or thirty
<br /> days, whichever is longer. If applicable, maintenance product or service or technical support
<br /> services supplied or provided will be warranted for a period of thirty days.
<br /> DISCLAIMER OF WARRANTIES. The limited warranty that appears above is the only express
<br /> warranty made to the Licensee and is provided in lieu of any other express warranties (if any)
<br /> created by any documentation,packaging, or written or oral representation. Except for the limited
<br /> warranty and to the maximum extent permitted by applicable law, BSM provides the
<br /> Software Product, BSM Hardware Product and if applicable, the maintenance product and
<br /> service or technical support services supplied AS IS AND WITH ALL FAULTS, and hereby
<br /> disclaims all other warranties and conditions, either express, implied or statutory, including
<br /> but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness
<br /> for a particular purpose, of lack of viruses, of accuracy or completeness of responses or
<br /> results, of durability, of meeting any of the Licensee's needs, of operating error free, and of
<br /> lack of negligence or lack of workmanlike effort,all with regard to the Software Product, the
<br /> BSM Hardware Product and if applicable, the maintenance product and service or technical
<br /> support services supplied.
<br /> EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER
<br /> DAMAGES. To the maximum extent permitted by applicable law,in no event shall BSM be
<br /> liable for any special, incidental, indirect, or consequential damages whatsoever (including,
<br /> but not limited to,damages for loss of profits or confidential or other information,for business
<br /> interruption, for personal injury, for loss of privacy,for failure to meet any duty including of
<br /> good faith or of reasonable care, for negligence, and for any other pecuniary or other loss
<br /> whatsoever) arising out of or in any way related to the use of or inability to use the Software
<br /> Product, BSM Hardware Product or if applicable the maintenance product and service or
<br /> technical support services supplied, even in the event of the fault,tort (including negligence),
<br /> strict liability, breach of contract, or breach of warranty of BSM, and even if BSM has been
<br /> advised of the possibility of such damages.
<br /> LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that the
<br /> Licensee might incur for any reason whatsoever (including without limitation, all damages
<br /> referenced above and all direct or general damages), the entire liability of BSM under any
<br /> provision of this Agreement and the Licensee's exclusive remedy for all of the foregoing
<br /> (except for any remedy of repair or replacement elected by BSM with respect to any breach of
<br /> the Limited Warranty) shall be limited to the greater of the amount actually paid by the
<br /> Licensee pursuant to this Agreement or U.S. $10.00. The foregoing limitations, exclusion and
<br /> disclaimers described above shall apply to the maximum extent permitted by applicable law,
<br /> even if any remedy fails its essential purpose.
<br /> 159
<br /> Confidential BSM Stinger Hardware,software and Maintenance agreement V Oct04 Page 7
<br />
|