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LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE
LIABILITY OF THE COMPANY UNDER THESE TERMS AND CONDITIONS (WHETHER BY
REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE, BUT
EXCLUDING LIABILITY OF THE COMPANY FOR BREACH OF WARRANTY (THE SOLE
REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER
THIS
SECTION) SHALL NOT
EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL PURCHASE PRICE
THERETOFORE PAID BY BUYER TO THE COMPANY WITH RESPECT TO THE
PRODUCT(S) GIVING RISE TO SUCH LIABILITY OR (B) ONE HUNDRED THOUSAND
DOLLARS ($100,000), WHICHEVER IS LESS.
With respect to any software products incorporated in or forming a part of the Product
hereunder Buyer intends and agrees that such software products are being licensed and not
sold, and that the words "purchase", "sell" or similar or derivative words are understood and
agreed to mean "license", and that the word "Buyer" or similar or derivative words are
understood and agreed to mean "licensee". Notwithstanding anything to the contrary contained
herein, The COMPANY or its licensor, as the case may be, retains all rights and interest in
software products provided hereunder. See the Terms & Conditions of purchase for details
regarding such license.
Version 1.0
6
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