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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
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