Aeon Labs D/W Sensor Manual - Halaman 18

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actions, causes of action, proceedings, suits, assessments, losses,

damages, liabilities, settlements, judgments, fines, penalties,

interest, costs and expenses (including fees and disbursements

of counsel) of every kind (i) based upon personal injury or

death or injury to property to the extent any of the foregoing is

proximately caused either by a defective product (including

strict liability in tort) or by the negligent or willful acts or

omissions of Customer or its officers, employees, subcontractors

or agents, and/or (ii) arising from or relating to any actual or

alleged infringement or misappropriation of any patent,

trademark, mask work, copyright, trade secret or any actual or

alleged violation of any other intellectual property rights arising

from or in connection with the products, except to the extent

that such infringement exists as a result of Aeon Labs

'manufacturing processes.

IN NO EVENT SHALL AEON LABS BE LIABLE FOR ANY

INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR

CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS

OF PROFITS, REVENUE, OR USE INCURRED BY

CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN

ACTION IN CONTRACT, OR TORT, OR OTHERWISE

EVEN IF ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. AEON LABS' LIABILITY AND

CUSTOMER'S EXCLUSIVE REMEDY FOR ANY CAUSE

OF ACTION ARISING IN CONNECTION WITH THIS

AGREEMENT OR THE SALE OR USE OF THE

PRODUCTS, WHETHER BASED ON NEGLIGENCE,

STRICT LIABILITY, BREACH OF WARRANTY, BREACH

OF AGREEMENT, OR EQUITABLE PRINCIPLES, IS

EXPRESSLY LIMITED TO, AT AEON LABS' OPTION,

REPLACEMENT OF, OR REPAYMENT OF THE

PURCHASE PRICE FOR THAT PORTION OF PRODUCTS

WITH RESPECT TO WHICH DAMAGES ARE CLAIMED.

ALL CLAIMS OF ANY KIND ARISING IN CONNECTION

WITH THIS AGREEMENT OR THE SALE OR USE OF

PRODUCTS SHALL BE DEEMED WAIVED UNLESS

MADE IN WRITING WITHIN THIRTY (30) DAYS FROM

AEON LABS'S DELIVERY, OR THE DATE FIXED FOR

DELIVERY IN THE EVENT OF NONDELIVERY.

THE INDEMNITY AND WARRANTY IN ABOVE ARE

EXCLUSIVE AND IN LIEU OF ALL OTHER

INDEMNITIES OR WARRANTIES, WHETHER EXPRESS

OR IMPLIED, INCLUDING THE IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS

FOR A PARTICULAR PURPOSE.