Limitation Of Liability - Uplink CDMAEZ Installation & User Manual

®
CDMAEZ
SYSTEMS, AND FACILITIES, AND NON-OBSOLESCENCE. THE WARRANTY SET
FORTH FURTHERMORE DOES NOT COVER UPLINK DEVICES THAT (A) HAVE BEEN
IMPROPERLY INSTALLED, OPERATED, OR SERVICED; (B) HAVE BEEN TAMPERED
WITH; OR (C) HAVE BEEN SUBJECTED TO ENVIRONMENTAL EXTREMES.

Limitation of Liability

NEITHER UPLINK NOR ITS THIRD PART SERVICE PROVIDERS SHALL BE LIABLE
TO ANY UPLINK DISTRIBUTOR OR RESELLER, ANY INSTALLER, ANY END USER OF
AN UPLINK DEVICE OR UPLINK SERVICE, OR ANY OTHER THIRD PARTY FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL
DAMAGES INCLUDING, WITHOUT LIMITATION, LOST DATA, SALES, REVENUES,
OR PROFITS, REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES.
NEITHER UPLINK NOR ITS SERVICE PROVIDERS SHALL BE LIABLE FOR ANY CLAIM
RESULTING FROM OR RELATING TO (A) THIRD PARTY CRIMINAL ACTIVITY OR
FRAUD; (B) ACTS OR OMISSIONS OF UPLINK DISTRIBUTORS AND RESELLERS, END
USERS OF UPLINK DEVICES OR UPLINK SERVICES, OR OTHER THIRD PARTIES;
OR, (C) EXCEPT AS OTHERWISE MANDATED BY APPLICABLE LAW, BREACHES OF
PRIVACY OR DATA SECURITY TRACEABLE TO THIRD PARTIES. NEITHER UPLINK
NOR ITS SERVICE PROVIDERS SHALL BE LIABLE FOR ANY CLAIM RESULTING FROM
THE FAILURE OF AN UPLINK DEVICE, UPLINK SERVICE, THIRD PARTY EQUIPMENT
OR SERVICE, OR ANY END USE THEREOF INCLUDING, WITHOUT LIMITATION, A
HEALTH, MEDICAL, ALARM, SAFETY, OR SECURITY APPLICATION, EVEN IF THE
CLAIM IS ATTRIBUTABLE IN WHOLE OR IN PART TO AN ACT OR OMISSION OR
OTHER FAULT ON THE PART OF UPLINK OR ITS SERVICE PROVIDER. IN NO EVENT
SHALL UPLINK'S AND ITS SERVICE PROVIDER'S TOTAL, CUMULATIVE LIABILITY
FOR ANY ONE OR MORE RELATED OR UNRELATED CLAIMS EXCEED AN AMOUNT
EQUAL TO THE AGGREGATE AMOUNT PAID BY THE CLAIMANT FOR UPLINK
SERVICE DURING THE 12 MONTH PERIOD PRECEDING THE DATE OF THE EARLIEST
EVENT GIVING RISE TO THE SUBJECT CLAIM(S).
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