Limitation of Liability
IN NO EVENT SHALL GOTENNA BE LIABLE UNDER ANY LEGAL THEORY OR FORM OF ACTION FOR ANY LOSS OF LIFE OR
PHYSICAL INJURY RELATING OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (IN-
CLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR COST OF SUBSTITUTE GOODS) IN CONNECTION WITH ANY
WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS ARISING OUT OF OR RELATED TO THE PRODUCT (INCLUDING
THE EMBEDDED SOFTWARE), ITS USE OR INABILITY TO USE, EVEN IF GOTENNA HAD NOTICE OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY IN CONNECTION WITH ANY CAUSES OF ACTION ARISING UN-
DER WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS RELATED TO THE PRODUCT (INCLUDING EMBEDDED SOFT-
WARE), ITS USE OR INABILITY TO USE (NOT ATTRIBUTABLE TO PERSONAL INJURIES) EXCEED, $50.. THESE EXCLUSIONS
AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
PROVIDED HEREIN.
Indemnification.
You agree to defend, indemnify, and hold goTenna, our affiliates, and our and their respective shareholders, officers, directors,
employees, agents, successors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, ac-
tions, and/or demands, including, without limitation, reasonable legal fees, arising or resulting from: (i) your breach of these Prod-
uct Terms, or (ii) your negligence or willful misconduct in using the Product including Embedded Software (including any claims
of property damages or personal injury). We will provide notice to you of any such claim, suit, or proceeding and will assist you,
at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and
control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooper-
ate with any reasonable requests assisting our defense of such matter.
Miscellaneous.
These Product Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its
conflict of laws provisions. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction
of the federal and state courts in the State of Delaware for purposes of any dispute.
Our failure to act on or enforce any provision of these Product Terms will not be construed as a waiver of that provision or any
other provision in these Product Terms. No waiver will be effective against us unless made in writing, and no such waiver will be
construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Product
Terms constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous
or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section
headings are provided merely for convenience and will not be given any legal import. These Product Terms will inure to the
benefit of our successors, assigns, licensees, and sublicensees.
Summary of Contents for PRO 900-00202
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