In no event shall Epson' liability for any damages, regardless of the nature of the claim, exceed the amount paid by you for the Software or ten dollars ($10.00) whichever is greater. Because some states and jurisdictions do not allow the exclusion or limitation of implied warranties in certain circumstances, the above limitations may not apply to you.Limitation of Liability.IN NO EVENT WILL EPSON OR ITS SUPPLIERS BE LIABLE TO YOU, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OR WARRANTY, MISREPRESENTATION OR OTHERWISE, FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF EPSON, ITS SUPPLIERS OR ANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer SoĪS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Government Restricted Rights.The Software is provided with RESTRICTED RIGHTS. You may also terminate this Agreement at any time by destroying the Software.U.S. Without prejudice to any other rights Epson has, this Agreement shall automatically terminate upon failure by you to comply with its terms. Above limitation may not apply to you.ConfidentialityDuring the effective period of this Agreement and thereafter you shall hold in confidence any and all things relating to this Agreement and any and all data and information regarding the Software that has come to your knowledge from using the Software.Term and Termination.This Agreement will be effective for thirty (30) days after you get the Software, unless earlier terminated hereunder.
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