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the media for the Software or to refund your money upon returning the Software and Epson
Hardware. Any replacement Software will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer. If the above remedy fails for any
reason, Epson's entire liability for a breach of warranty shall be limited to a refund of the price
paid for the Epson Hardware. Epson is not liable for performance delays or for
nonperformance due to causes beyond its reasonable control. This Limited Warranty is void if
failure of the Software resulted from accident, abuse, or misapplication. THE STATED
LIMITED WARRANTIES AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL
OTHERS. EPSON DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE. SOME STATES OR JURISDICTIONS, HOWEVER, DO
NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, AND
IN SUCH STATES THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL EPSON OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER,
WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY,
MISREPRESENTATION, OR OTHERWISE, INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY
LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,
OR ARISING OUT OF THIS AGREEMENT, EVEN IF EPSON OR ITS
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF DAMAGES IN CERTAIN TRANSACTIONS, AND IN SUCH STATES, THE
ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY.
8. U.S. Government Restricted Rights
The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by
the United States Government is subject to restrictions as 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 Software- Restricted Rights at 48
CFR 52.227-19, as applicable, and any amendments thereto.
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