Common use of Consequential or Other Damages Clause in Contracts

Consequential or Other Damages. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by ComTech, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet ComTech's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 13 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. ComTech's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this XXXA or for any other liability relating to the Software shall be, at ComTech's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to ComTech with a copy of your receipt. You will receive the remedy elected by ComTech without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to ComTech). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and ComTech will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with ComTech's warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by ComTech are available without proof of purchase from an authorized international source. To exercise your remedy, contact: ComTech, Attn. ComTech Advanced Software Technologies /0000 X Xxxxx Xxxx/Xxxxxxxx/XX/X0X 0X0.

Consequential or Other Damages. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by ComTechXxxxxx, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software Product does not meet ComTechXxxxxx's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 13 11 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. ComTechRadica's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this XXXA or for any other liability relating to the Software shall be, at ComTechRadica's option from time to time exercised subject to applicable law, (a) return of the amount price paid (if any) for the SoftwareSoftware Product, or (b) repair or replacement of the SoftwareSoftware Product, that does not meet this Limited Warranty and that is returned to ComTech Radica with a copy of your receipt. You will receive the remedy elected by ComTech Xxxxxx without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software Product to ComTechRadica). This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. DISCLAIMER OF WARRANTIES. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, and ComTech will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with ComTech's warranty remedy proceduresRADICA AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. Outside the United States or CanadaALSO, neither these remedies nor any product support services offered by ComTech are available without proof of purchase from an authorized international sourceTHERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT. To exercise your remedyEXCLUSION OF INCIDENTAL, contact: ComTechCONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Attn. ComTech Advanced Software Technologies /0000 X Xxxxx Xxxx/Xxxxxxxx/XX/X0X 0X0IN NO EVENT SHALL RADICA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS XXXX, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF RADICA OR ANY SUPPLIER, AND EVEN IF RADICA OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Consequential or Other Damages. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by ComTechManufacturer, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet ComTech's Manufacturer’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 13 19 ("“Exclusion of Incidental, Consequential and Certain Other Damages"”) are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. ComTech's Manufacturer’s and its suppliers' ’ (including MS’, Microsoft Corporation’s (including their subsidiaries) and their respective suppliers’) entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this XXXA XXXX or for any other liability relating to the Software shall be, at ComTech's Manufacturer’s option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Softwareproduct(s) in accordance with Manufacturer’s return policies, or (b) repair or replacement of the Software, Software that does not meet this Limited Warranty and that is returned to ComTech Manufacturer with the Certificate of Authenticity and a copy of your receiptreceipt at the address specified by Manufacturer. You will receive the remedy elected by ComTech Manufacturer without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to ComTech)specified in Manufacturer’s warranty remedy documentation. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and ComTech Manufacturer will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with ComTech's Manufacturer’s warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by ComTech are available without proof of purchase from an authorized international source. To exercise your remedy, contact: ComTech, Attn. ComTech Advanced Software Technologies /0000 X Xxxxx Xxxx/Xxxxxxxx/XX/X0X 0X0.

Consequential or Other Damages. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by ComTechFormdocs LLC, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet ComTechFormdocs LLC's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 13 18 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. ComTechFormdocs LLC's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this XXXA XXXX or for any other liability relating to the Software shall be, at ComTechFormdocs LLC's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to ComTech Formdocs LLC with a copy of your receipt. You will receive the remedy elected by ComTech Formdocs LLC without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to ComTechFormdocs LLC). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and ComTech Formdocs LLC will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with ComTechFormdocs LLC's warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by ComTech Formdocs LLC are available without proof of purchase from an authorized international sourceavailable. To exercise your remedy, contact: ComTechFormdocs LLC /P.O. XXX 000/Xxxxxxx, Attn. ComTech Advanced Software Technologies /0000 X Xxxxx Xxxx/Xxxxxxxx/XX/X0X 0X0XX 00000.