Limitation Of Liability And Remedies - Intel PRO/Wireless 5000 User Manual

Limitation of Liability and Remedies

INTEL'S SOLE LIABILITY HEREUNDER SHALL BE LIMITED TO DIRECT, OBJECTIVELY
MEASURABLE DAMAGES. IN NO EVENT SHALL INTEL HAVE ANY LIABILITY FOR ANY
INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE
FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT
NOT LIMITED TO, INFRINGEMENT OF INTELLECTUAL PROPERTY, REPROCUREMENT
COSTS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF GOODWILL, AND LOSS OF
PROFITS, WHETHER ANY SUCH DAMAGES ARISE OUT OF CONTRACT NEGLIGENCE,
TORT, OR UNDER ANY WARRANTY, IRRESPECTIVE OF WHETHER INTEL HAS ADVANCE
NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. NOTWITHSTANDING THE
FOREGOING, INTEL'S TOTAL LIABILITY FOR ALL CLAIMS UNDER THIS AGREEMENT
SHALL NOT EXCEED THE PRICE PAID FOR THE PRODUCT. THESE LIMITATIONS ON
POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING THE PRODUCT
PRICE. INTEL NEITHER ASSUMES NOR AUTHORIZES ANYONE TO ASSUME FOR IT ANY
OTHER LIABILITIES.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so
the above limitations may not apply to you.
Critical Control Applications
Intel specifically disclaims liability for use of the hardware product in critical control applications
(including, for example only, safety or health care control systems, nuclear energy control
systems, or air or ground traffic control systems) by you or your customers, and such use is
entirely at the user's risk. You agree to defend, indemnify, and hold Intel harmless from and
against any and all claims arising out of use of the hardware product in such applications by you
or your customers.
Software
Software provided with the hardware product is not covered under the hardware warranty
described above. See the applicable software license agreement which shipped with the
hardware product for details on any software warranty.
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