Rockwell Automation 9307 FactoryTalk EnergyMetrix - Manual (Page 313)

Appendix •
313
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY
WARRANTY UNDER UCITA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF REMEDIES
Rockwell Automation’s entire liability and Your exclusive remedy for breach of the
Limited Warranty shall be:
1. The replacement of the Software not meeting the Limited Warranty specified above
which is returned with proof of purchase; or
2. If Rockwell Automation is unable to deliver replacement Software which meets the
Limited Warranty specified above, You may terminate this EULA by returning or
destroying the Software as provided herein, and Rockwell Automation or its reseller
will refund Your purchase price.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL ROCKWELL AUTOMATION OR ITS THIRD PARTY LICENSORS BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER
INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOST SAVINGS, FOR
LOSS OF PRIVACY, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF
OR INABILITY TO USE THE SOFTWARE, EVEN IF ROCKWELL AUTOMATION
OR ITS RESELLER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. ROCKWELL AUTOMATION'S
MAXIMUM CUMULATIVE LIABILITY RELATIVE TO ALL CLAIMS AND
LIABILITIES, INCLUDING THAT WITH RESPECT TO DIRECT DAMAGES AND
OBLIGATIONS UNDER ANY INDEMNITY, WHETHER OR NOT INSURED, WILL
NOT EXCEED THE COST OF THE SOFTWARE GIVING RISE TO THE CLAIM OR
LIABILITY. ALL OF THESE DISCLAIMERS AND LIMITATIONS OF REMEDIES
AND/OR LIABILITY WILL APPLY REGARDLESS OF ANY OTHER CONTRARY
PROVISION OF THIS EULA OR ANY OTHER AGREEMENT BETWEEN YOU AND
ROCKWELL AUTOMATION AND REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT OR OTHERWISE, AND FURTHER WILL
EXTEND TO THE BENEFIT OF ROCKWELL AUTOMATION’S VENDORS,
APPOINTED DISTRIBUTORS AND OTHER AUTHORIZED RESELLERS AS
THIRD-PARTY BENEFICIARIES.