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WILL BE ERROR-FREE OR THAT IT WILL OPERATE
WITHOUT INTERRUPTIONS OR DOWNTIME.
EXCEPT WHERE SUCH LIMITATIONS ARE PROHIBITED
BY APPLICABLE LAW, IN NO EVENT SHALL AMAZON,
ITS AFFILIATES, OR THEIR LICENSORS BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL OR OTHER
CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOSS OF DATA OR USE,
INCURRED BY YOU OR ANY THIRD PARTY, ARISING
OUT OF OR RELATED TO YOUR USE OR INABILITY TO
USE THE PRODUCT, WHETHER IN AN ACTION IN
CONTRACT, TORT, OR OTHERWISE. IN NO EVENT
SHALL
AMAZON'S,
ITS
AFFILIATES'
OR
THEIR
LICENSORS' TOTAL LIABILITY ARISING FROM OR
RELATING
TO
THIS
AGREEMENT
EXCEED
THE
AMOUNT YOU PAID FOR THE DEVICE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN
LIMITATIONS, AND SO THE FOREGOING LIMITATIONS
MAY NOT APPLY TO YOU.
This Agreement and all matters arising out of or relation to
this Agreement shall be governed by the laws of the State of
Washington, excluding its conflict of law provisions, and both
parties consent to the exclusive jurisdiction and venue of the
state and federal courts located in King County, Washington.
This Agreement shall inure to the benefit of and be binding
upon the parties and their respective successors and
assigns. The failure of Amazon to enforce any term of this
Agreement shall not be deemed a waiver of any default or
breach of this Agreement. If any provision of this Agreement
is held to be invalid or unenforceable, the remaining
provisions of this Agreement will remain in full force and
effect.
36
SECTION 8 ─ License Agreement and Warranty
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