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facility authorized by August to service your August Device. This warranty does not cover consumable parts (such
as batteries). This warranty gives you specific legal rights, and you may also have other rights which vary from
state to state (and jurisdiction to jurisdiction).
5. Disclaimer of Warranties.
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND
IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL,
WRITTEN,
STATUTORY,
EXPRESS OR IMPLIED. AUGUST DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR
AS SUCH WARRANTIES CANNOT BE DISCLAIMED, AUGUST LIMITS THE DURATION AND REMEDIES OF SUCH
WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT AUGUST'S
OPTION,
THE REPAIR
OR REPLACEMENT SERVICES DESCRIBED ABOVE. SOME STATES (COUNTRIES AND PROVINCES) DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY
LAST,
SO THE LIMITATION
DESCRIBED ABOVE MAY NOT APPLY TO YOU.
6. Limitation of Damages.
IN ADDITION TO THE ABOVE WARRANTY
DISCLAIMERS,
TO THE MAXIMUM EXTENT PERMITTED BY
LAW,
NEITHER AUGUST NOR ITS SUPPLIERS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT
MATTER OF THIS AGREEMENT OR TERMS OR CONDITIONS RELATED THERETO UNDER ANY BREACH OF
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY (A) FOR LOSS OR INACCURACY OF
DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (B) FOR
ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
INCLUDING,
BUT NOT LIMITED TO BUSINESS
INTERRUPTION, LOSS OF REVENUES AND LOSS OF PROFITS. THE FOREGOING SHALL APPLY EVEN IF AUGUST
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
LAW,
AUGUST'S AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE ORIGINAL PURCHASE
PRICE PAID FOR THE DEVICE THAT CAUSED SUCH DAMAGE. CERTAIN STATES (COUNTRIES AND PROVINCES)
DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO
YOU.
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