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warrant that the operation of the Products will be error-free or
that operation will be uninterrupted. In no event shall XAPTUM
be responsible for damages or claims of any nature or descrip-
tion relating to system performance, including coverage, buyer's
selection of products (including the Products) for buyer's ap-
plication and/or failure of products (including the Products) to
meet government or regulatory requirements.
Limitation of Liability
EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW, IN NO
EVENT WILL XAPTUM OR ITS SUBSIDIARIES, AFFILIATES OR SUP-
PLIERS BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSE-
QUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFIT,
LOST DATA, OR DOWNTIME COSTS), ARISING OUT OF THE USE,
INABILITY TO USE, OR THE RESULTS OF USE OF THE PRODUCT,
WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER
LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POS-
SIBILITY OF SUCH DAMAGES.
Note
Some countries, states and provinces do not allow exclusions
of implied warranties or conditions, so the above exclusion
may not apply to you. You may have other rights that vary from
country to country, state to state, or province to province. Some
countries, states and provinces do not allow the exclusion or
limitation of liability for incidental or consequential damages,
so the above limitation may not apply to you. EXCEPT TO THE
EXTENT ALLOWED BY LOCAL LAW, THESE WARRANTY TERMS DO
NOT EXCLUDE, RESTRICT OR MODIFY, AND ARE IN ADDITION
TO, THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE
LICENSE OF ANY SOFTWARE (EMBEDDED IN THE PRODUCT)
TO YOU. The United Nations Convention on Contracts for the
International Sale of Goods shall not apply to any transactions
regarding the sale of the Products.
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