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3. Limits on Damages.
a. MELCO'S MAXIMUM CUMULATIVE LIABILITY BASED ON ANY CLAIMS FOR BREACH
OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT TORT LIABILITY OR OTHER
THEORIES OF RECOVERY REGARDING THE SALE, REPAIR, REPLACEMENT,
DELIVERY, PERFORMANCE, CONDITION, SUITABILITY, COMPLIANCE, OR OTHER
ASPECTS OF THE PRODUCTS OR THEIR SALE, INSTALLATION OR USE SHALL BE
LIMITED TO THE PRICE PAID FOR PRODUCTS NOT AS WARRANTED.
b. Although MELCO has obtained the certification for Product's compliance to the
international safety standards IEC61508 and ISO13849-1 from TUV Rheinland, this fact
does not guarantee that Product will be free from any malfunction or failure. The user of
this Product shall comply with any and all applicable safety standard, regulation or law and
take appropriate safety measures for the system in which the Product is installed or used
and shall take the second or third safety measures other than the Product. MELCO is not
liable for damages that could have been prevented by compliance with any applicable
safety standard, regulation or law.
c. MELCO prohibits the use of Products with or in any application involving power plants,
trains, railway systems, airplanes, airline operations, other transportation systems,
amusement equipments, hospitals, medical care, dialysis and life support facilities or
equipment, incineration and fuel devices, handling of nuclear or hazardous materials or
chemicals, mining and drilling, and other applications where the level of risk to human life,
health or property are elevated.
d. MELCO SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL,
INDIRECT OR PUNITIVE DAMAGES, FOR LOSS OF PROFITS, SALES, OR REVENUE,
FOR INCREASED LABOR OR OVERHEAD COSTS, FOR DOWNTIME OR LOSS OF
PRODUCTION, FOR COST OVERRUNS, OR FOR ENVIRONMENTAL OR POLLUTION
DAMAGES OR CLEAN-UP COSTS, WHETHER THE LOSS IS BASED ON CLAIMS FOR
BREACH OF CONTRACT OR WARRANTY, VIOLATION OF STATUTE, NEGLIGENCE
OR OTHER TORT, STRICT LIABILITY OR OTHERWISE.
e. In the event that any damages which are asserted against MELCO arising out of or
relating to the Products or defects in them, consist of personal injury, wrongful death and/
or physical property damages as well as damages of a pecuniary nature, the disclaimers
and limitations contained in these terms shall apply to all three types of damages to the
fullest extent permitted by law. If, however, the personal injury, wrongful death and/or
physical property damages cannot be disclaimed or limited by law or public policy to the
extent provided by these terms, then in any such event the disclaimer of and limitations on
pecuniary or economic consequential and incidental damages shall nevertheless be
enforceable to the fullest extent allowed by law.
f. In no event shall any cause of action arising out of breach of warranty or otherwise
concerning the Products be brought by Customer more than one year after the cause of
action accrues.
g. Each of the limitations on remedies and damages set forth in these terms is separate and
independently enforceable, notwithstanding the unenforceability or failure of essential
purpose of any warranty, undertaking, damage limitation, other provision of these terms or
other terms comprising the contract of sale between Customer and MELCO.
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