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1.10. THE WARRANTY SET FORTH
IN SECTION 1.1 IS MADE IN LIEU OF
ALL OTHER WARRANTIES (WHET-
HER EXPRESS OR IMPLIED), RIGHTS
OR CONDITIONS, AND CUSTOMER
ACKNOWLEDGES
FOR SUCH LIMITED WARRANTY,
THE PRODUCTS ARE PROVIDED "AS
IS." COMPANY SPECIFICALLY DISC-
LAIMS, WITHOUT LIMITATION, ALL
OTHER WARRANTIES, EXPRESS OR
IMPLIED, OF ANY KIND, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABI-
LITY AND FITNESS FOR A PARTI-
CULAR PURPOSE, NON-INFRINGE-
MENT, AND THOSE WARRANTIES
ARISING FROM A COURSE OF PER-
FORMANCE, A COURSE OF DEALING
OR TRADE USAGE.
2. Limitation of Liability:
2.1. IN NO EVENT SHALL COMPA-
NY BE LIABLE FOR ANY INDIRECT,
INCIDENTAL,
PUNITIVE,
OR
CONSEQUENTIAL
INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS,
REVENUE, GOODWILL OR USE, IN-
CURRED BY CUSTOMER OR ANY
THIRD PARTY, WHETHER IN AN AC-
TION IN CONTRACT, TORT, STRICT
LIABILITY, OR IMPOSED BY STATU-
TE, OR OTHERWISE, EVEN IF ADVI-
SED OF THE POSSIBILITY OF SUCH
DAMAGES. COMPANY'S LIABILITY
THAT
EXCEPT
SPECIAL
DAMAGES,
13
FOR DAMAGES ARISING OUT OF OR
IN CONNECTION WITH THIS AGREE-
MENT SHALL IN NO EVENT EXCEED
THE PURCHASE PRICE OF THE
PRODUCTS. IT IS AGREED AND ACK-
NOWLEDGED THAT THE PROVISI-
ONS OF THIS AGREEMENT ALLOCA-
TE THE RISKS BETWEEN COMPANY
AND CUSTOMER, THAT COMPANY'S
PRICING REFLECTS THIS ALLOCA-
TION OF RISK, AND BUT FOR THIS
ALLOCATION AND LIMITATION OF
LIABILITY, COMPANY WOULD NOT
HAVE ENTERED INTO THIS AGREE-
MENT.
2.2. IN JURISDICTIONS THAT LIMIT
THE SCOPE OF OR PRECLUDE LIMIT-
ATIONS OR EXCLUSION OF REME-
DIES OR DAMAGES, OR OF LIABILI-
TY, SUCH AS LIABILITY FOR GROSS
NEGLIGENCE OR WILLFUL MISCON-
DUCT OR DO NOT ALLOW IMPLIED
WARRANTIES TO BE EXCLUDED,
THE LIMITATION OR EXCLUSION OF
WARRANTIES, REMEDIES, DAMA-
GES OR LIABILITY SET FORTH AB-
OVE ARE INTENDED TO APPLY TO
THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW. CUSTOMER
MAY ALSO HAVE OTHER RIGHTS
THAT VARY BY STATE, COUNTRY OR
OTHER JURISDICTION.
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