GE Industrial Solutions WattStation Connect Service Agreement - Manual (Page 5)

OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GE OR A GE AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW CERTAIN WARRANTY
LIMITATIONS, SO THE LIMITATIONS SET FORTH IN SECTIONS 15 AND 22 MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY.
WHETHER UNDER ANY WARRANTY, CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE
THEORY, THE FOLLOWING WILL APPLY TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE SERVICE:
(a) NEITHER GE NOR THE THIRD PARTY PARTNERS WILL BE RESPONSIBLE OR LIABLE TO YOU
OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF
REVENUES, LOSS OF PROFITS, LOSS OR INACCURACY OF DATA, INACCURACY OF INFORMATION
PROVIDED BY THE SERVICE, AND/OR IDENTITY THEFT;
(b) NEITHER GE NOR THE THIRD PARTY PARTNERS WILL BE RESPONSIBLE OR LIABLE TO YOU
OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES, RELATING IN ANY WAY TO ANY PARTICULAR
WATTSTATION;
(c) NOTHING IN THIS AGREEMENT CREATES, PROVIDES OR IMPLIES ANY RESPONSIBILITY OR
LIABILITY BY GE OR THE THIRD PARTY PARTNERS FOR THE WATTSTATION ITSELF. FOR
AVOIDANCE OF DOUBT, GE HAS NO LIABILITY EXTENDING BEYOND THE SERVICE ITSELF; AND
(d) GE’S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THIS AGREEMENT
FOR ANY AND ALL DAMAGES IS LIMITED TO THE AMOUNT PAID TO GE FOR YOUR SELECTED
SERVICE OPTION PACKAGE . THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL
SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND
TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
16. EXPORT CONTROLS.
This Service is hosted on a U.S.-based server and may not be used in connection with any activity
involving a country sanctioned by the US Government. This Service and all products associated with it
are the products of U.S.-origin technology and therefore subject to, among other laws and regulations,
the export control laws and regulations of the U.S., including, but not limited to, 10 CFR Part 810 and
U.S. Export Administration Regulations. All transactions involving the materials, services, technical data,
technology, software or other technical information or assistance furnished by GE and its affiliates, or
any good or product resulting therefrom, shall be subject to and conditioned upon recipient's
compliance with all applicable export control laws and regulations, including those of the U.S.
government, and any amendments thereof. You hereby agree that You shall not, except as said