Eclipse CLD User Manual page 27

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Consequential Damages and Limitations:
1. Mach Speed Technologies shall not be liable for any failure to perform
or delay in performing any of its obligations when such failure or delay is
due to circumstances beyond its reasonable control, including, without
limitation, any act of God, war, strike, riot, fire, flood, earthquake, lock-
out, late or non-delivery by suppliers, shortage or unavailability of
materials, components or transportation facilities, or any act, refusal to
act, regulation, order or intervention of any governmental authority.
2. Under no circumstances shall Mach Speed Technologies be liable for
any special, indirect, incidental or consequential damages of any kind or
nature whatsoever, including, without limitation; lost goodwill, lost resale
profits, loss of data or software, work stoppage or impairment of other
goods, and whether arising out of breach of any express or implied
warranty, breach of contract, tort (including negligence), strict product
27

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