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system returned to Calypso Control Systems.
Exclusions
The foregoing warranties and remedies are for the Customer s exclusive benefit and are non-
transferable. Any and all warranties shall be void regarding System components that are
damaged or rendered unserviceable by: (1) acts or omissions of non-Calypso Control Systems
personnel; (2) misuse, theft, vandalism, fire, water, or other peril; (3) alterations of or additions
to the System or any element thereof performed by personnel not certified by Calypso Control
Systems to perform such alterations and additions or (4) the Customer s failure to operate the
product in conformance with Calypso Control Systems published operating parameters,
including environmental specifications.
Disclaimer of Warranty
TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE LIMITED WARRANTIES
REFERRED TO IN THE PARAGRAPHS ABOVE SHALL BE IN LIEU OF ALL OTHER
WARRANTIES WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE.
CALYPSO CONTROL SYSTEMS, LLC SPECIFICALLY DISCLAIMS ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
TO THE EXTENT ALLOWED BY APPLICABLE LAW, CALYPSO CONTROL SYSTEMS, LLC
AND ITS SUPPLIERS EXCLUDE THEMSELVES FROM ANY LIABILITY FOR ANY LOST
REVENUE OR PROFIT, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR FOR
SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY
KIND CAUSED OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION,
MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF ITS PRODUCTS,
EVEN IF CALYPSO CONTROL SYSTEMS, LLC AND ITS AUTHORIZED RESELLERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
CALYPSO CONTROL SYSTEMS, LLC OR ITS SUPPLIER S TOTAL LIABILITY TO THE
CUSTOMER, WHETHER IN CONTRACT NEGLIGENCE, STRICT LIABILITY, TORT OR
OTHERWISE, EXCEED THE PRICE PAID BY THE CUSTOMER. THE FOREGOING
LIMITATIONS SHALL APPLY EVEN IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS
ESSENTIAL PURPOSE. THIS LIMITATION OF LIABILITY, HOWEVER, WILL NOT APPLY TO
ANY CLAIMS FOR PERSONAL INJURY.
