ProSoft Technology PS69-DPM - Manual (Page 126)

Contents PS69-DPM ♦ CompactLogix or MicroLogix Platform
User Manual PROFIBUS DPV1 Master
Page 126 of 130 ProSoft Technology, Inc.
October 1, 2014
5 Customer agrees that it shall not authorize others to, copy the SOFTWARE PRODUCT
provided by ProSoft Technology (except as expressly permitted in any license
agreement accompanying such software); transfer software to a third party separately
from the SOFTWARE PRODUCT; modify, alter, translate, decode, decompile,
disassemble, reverse-engineer or otherwise attempt to derive the source code of the
software or create derivative works based on the software; export the software or
underlying technology in contravention of applicable US and international export laws
and regulations; or use the software other than as authorized in connection with use of
the SOFTWARE PRODUCT.
7.4 LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROSOFT AND BUYER
WILL NOT BE LIABLE FOR ANY BUSINESS INTERRUPTION OR LOSS OF PROFIT,
REVENUE, MATERIALS, ANTICIPATED SAVINGS, DATA, AGREEMENT, GOODWILL OR
THE LIKE (WHETHER DIRECT OR INDIRECT IN NATURE) OR FOR ANY OTHER FORM
OF INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND.
PROSOFT'S AND BUYER'S MAXIMUM CUMULATIVE LIABILITY RELATIVE TO ALL
OTHER CLAIMS AND LIABILITIES, INCLUDING OBLIGATIONS UNDER ANY
INDEMNITY, WHETHER OR NOT INSURED, WILL NOT EXCEED TWO MILLION
DOLLARS ($2,000,000). PROSOFT DISCLAIMS ALL LIABILITY RELATIVE TO
GRATUITOUS INFORMATION OR ASSISTANCE PROVIDED BY, BUT NOT REQUIRED
OF PROSOFT HEREUNDER. ANY ACTION AGAINST PROSOFT MUST BE BROUGHT
WITHIN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. THESE
DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF ANY
OTHER CONTRARY PROVISION HEREOF AND REGARDLESS OF THE FORM OF
ACTION, WHETHER IN AGREEMENT, TORT (INCLUDING NEGLIGENCE AND STRICT
LIABILITY) OR OTHERWISE, EACH PROVISION HEREOF WHICH PROVIDES FOR A
LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY OR CONDITION OR
EXCLUSION OF DAMAGES IS SEVERABLE AND INDEPENDENT OF ANY OTHER
PROVISION AND IS TO BE ENFORCED AS SUCH.
7.4.1 No liability for consequential damages
IN NO EVENT WILL PROSOFT TECHNOLOGY (OR ITS DEALER) BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES BASED ON BREACH OF
WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER
LEGAL THEORY. DAMAGES THAT PROSOFT AND ITS DEALER WILL NOT BE
RESPONSIBLE FOR INCLUDE, BUT ARE NOT LIMITED TO: LOSS OF PROFITS; LOSS
OF SAVINGS OR REVENUE; LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED
EQUIPMENT; LOSS OF DATA; COST OF CAPITAL; COST OF ANY SUBSTITUTE
EQUIPMENT, FACILITIES, OR SERVICES; DOWNTIME; THE CLAIMS OF THIRD
PARTIES, INCLUDING CUSTOMERS OF THE PURCHASES; AND INJURY TO
PROPERTY.