Echelon IzoT NodeBuilder - Manual (Page 289)

MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT
VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
IN NO EVENT WILL ECHELON OR ITS SUPPLIERS BE LIABLE FOR LOSS OF
OR CORRUPTION TO DATA, LOST PROFITS OR LOSS OF CONTRACTS,
COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER
SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT
DAMAGES, LOSSES, COSTS OR EXPENSES OF ANY KIND ARISING FROM
THE SUPPLY OR USE OF THE LICENSED SOFTWARE, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION
NEGLIGENCE). THIS LIMITATION WILL APPLY EVEN IF ECHELON OR AN
AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT TO THE
EXTENT THAT LIABILITY MAY NOT BY LAW BE LIMITED OR EXCLUDED,
IN NO EVENT SHALL ECHELON’s OR ITS SUPPLIERS’ LIABILITY EXCEED
TEN THOUSAND DOLLARS ($10,000). YOU ACKNOWLEDGE THAT THE
AMOUNTS PAID BY YOU FOR THE LICENSED SOFTWARE REFLECT THIS
ALLOCATION OF RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
SAFE OPERATION
YOU ASSUME RESPONSIBILITY FOR, AND HEREBY AGREE TO USE YOUR
BEST EFFORTS IN, DESIGNING AND MANUFACTURING PRODUCTS USING
THE LICENSED SOFTWARE TO PROVIDE FOR SAFE OPERATION
THEREOF, INCLUDING, BUT NOT LIMITED TO, COMPLIANCE OR
QUALIFICATION WITH RESPECT TO ALL SAFETY LAWS, REGULATIONS
AND AGENCY APPROVALS, AS APPLICABLE.
LANGUAGE
The parties hereto confirm that it is their wish that this Agreement, as well as other
documents relating hereto, have been and shall be written in the English language
only.
Les parties aux présentes confirment leur volonté que cette convention de même que
tous les documents y compris tout avis qui s’y rattache, soient rédigés en langue
anglaise.
SUPPORT
You acknowledge that You shall either (i) inform the end-user that You are the
primary support contact for Your Devices and Your IzoT Network Services
Applications, and that Echelon Corporation will not support Your Devices and Your
IzoT NodeBuilder User's Guide 275