2011-072 IT - ePlus Technology for professional services with IT support

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14. REPRESENTATIONS AND WARRANTIES. A. ePlus provides the Products and Services "AS IS". ePlus makes no representation as to the accuracy or completeness of Services provided hereunder. Notwithstanding anything to the contrary in this Agreement, Customer understands that ePlus shall bear no responsibility for the performance, repair or warranty of any of Customer's software or hardware products or any software, hardware product or service provided to Customer by a third party and/or vendor, and Customer shall look solely to the third party provider for all remedies and support with regard to such products or service. Furthermore, no guarantee is made as to the efficacy or value of any Services performed. B. With respect to any Products supplied by ePlus to Customer .hereunder, and to the extent that ePlus is not the manufacturer of any hardware or software products that Customer uses or may need to purchase as a result of or relating to ePlus Services ePlus does not provide-any'warranties on products which it does not manufacture, whether with respect to their design, performance, specifications, functionality or compatibility with Customer's system or otherwise. Any such Product warranty must come directly from the manufacturer. C. EPLUS DOES NOT WARRANT THAT ANY OF THE DELIVERABLE(S), WORK PRODUCT, CONTENT OR INFORMATION PROVIDED BY ePLUS WILL MEET CUSTOMER'S PARTICULAR PURPOSE OR REQUIREMENTS, NOR THAT THE OPERATION OF ANY SUCH MATERIALS WILL BE UNINTERRUPTED AND/OR ERROR-FREE. ALL WARRANTIES PROVIDED HEREIN ARE PERSONAL TO, AND INTENDED SOLELY FOR THE BENEFIT OF, CUSTOMER AND DO NOT EXTEND TO ANY THIRD PARTY. THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR OTHERWISE. 15. LIMITATION OF LIABILITY. A. IN NO EVENT SHALL EPLUS BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES, LOST DATA, OR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR FOR LOST PROFITS OF ANY KIND, REGARDLESS OF THE FORSEEABILITY THEREOF AND REGARDLESS OF THE CAUSE OF ACTION UNDER ANY LEGAL OR EQUITABLE THEORY ARISING OUT OF OR IN ANY WAY CONNECTED WITH- THIS AGREEMENT. EPLUS' LIABILITY HEREUNDER, IF ANY, SHALL BE STRICTLY LIMITED TO DIRECT DAMAGES, WHICH WILL NOT EXCEED THE. AMOUNT PAID BY CUSTOMER FOR THE PRODUCT ORDER OR SERVICES UNDER THE STATEMENT OF WORK DIRECTLY CAUSING THE DAMAGES GIVING RISE TO A PROVEN CLAIM, AS ESTABLISHED BY A FINAL JUDGMENT. IN NO EVENT SHALL EPLUS BE LIABLE FOR ANY CLAIMS BY A THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. B. NO ACTION WHATSOEVER ARISING OUT OF TRANSACTIONS UNDER THIS AGREEMENT MAY BE INITIATED BY EITHER PARTY MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUED, EXCEPT FOR PAYMENTS OWED HEREUNDER. C. Except to the extent that any injury is due to ePlus' negligent acts or omissions, Customer hereby agrees to indemnify, hold harmless and defend ePlus from and against all Liabilities incurred by or asserted against ePlus in connection with any third party claim to the extent such Liabilities result from the use of: (i) the deliverables other than in accordance with applicable documentation or instructions or for other than Customer's internal purposes; (ii) any altered, modified or revised version of the deliverables that was not expressly authorized in writing by ePlus or vendor; (iii) Customer's failure to use or implement corrections or enhancements to the deliverables made available; ©2010 ePlus Technology, inc. 09/01 / 10