Orange County NC Website
Browse       Search
DocuSign Envelope ID:76CF67A5-DD8E-4775-9AF0-37013D3CD9D1 <br /> 5 LIMITED WARRANTY <br /> 5.1 Limited Warranties <br /> The limited warranties for each of the Software and Services are set forth in the respective Exhibits <br /> attached hereto. <br /> 5.2 No Other Warranty <br /> SPATIALEST DOES NOT REPRESENT THAT THE SOFTWARE OR SERVICES WILL BE ERROR-FREE OR THAT <br /> THE SOFTWARE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS OR THAT ALL ERRORS IN THE <br /> SOFTWARE OR SERVICES WILL BE CORRECTED.THE WARRANTIES STATED IN SECTION 5.1 ABOVE ARE <br /> THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BYSPATIALEST.THERE ARE NO OTHER WARRANTIES <br /> OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF <br /> MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY <br /> RIGHTS.CUSTOMER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SOFTWARE, <br /> SERVICES, OR RESULTS ARE ACCURATE OR SUFFICIENT FOR CUSTOMER'S PURPOSES. <br /> 6 LIMITATION OF LIABILITY <br /> 6.1 Consequential Damages Waiver <br /> EXCEPT AS MAY ARISE OUT OF EITHER PARTY'S BREACH OF SECTION 4.1, NEITHER PARTY WILL BE <br /> LIABLE TO THE OTHER OR ANY THIRD PARTY FOR LOSS OF PROFITS, OR SPECIAL, INDIRECT, <br /> INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS AND COSTS, IN <br /> CONNECTION WITH THE PROVISION OF THE SOFTWARE AND SERVICES, OR THE PERFORMANCE OF <br /> ANY OTHER OBLIGATIONS UNDER THIS AGREEMENT, EVEN IF IT IS AWARE OF THE POSSIBILITY OF THE <br /> OCCURRENCE OF SUCH DAMAGES. <br /> 6.2 Limitation of Liability <br /> THE TOTAL CUMULATIVE LIABILITY OF SPATIALEST TO CUSTOMER FOR ANY AND ALL CLAIMS AND <br /> DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING BY STATUTE, CONTRACT, TORT OR <br /> OTHERWISE, WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO SPATIALEST UNDER THE SALES <br /> ORDER FOR THE SOFTWARE AND SERVICES WHICH FORM THE SUBJECT OF THE CLAIM DURING THE <br /> SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE <br /> PROVISIONS OF THIS AGREEMENT ALLOCATE RISKS BETWEEN THE PARTIES. THE PRICING SET FORTH <br /> IN EACH SALES ORDER REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY <br /> SPECIFIED HEREIN. <br /> Spatialest Master Software and Services Agreement 8 <br />