Common use of LIMITATION OF REMEDY Clause in Contracts

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE OF THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICE, YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TV, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE OF THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICE, YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA FLAT PANEL TV, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE OF THE SERVICE INSTALLATION SERVICES IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICESERVICES, YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVSYSTEM, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. HEREUNDER THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE MAY AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, TO ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDERDELL’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE REPAIR OF THE SERVICE DEFECTIVE SYSTEM OR COMPONENTS IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER DELL IS UNABLE TO PROVIDE MAKE SUCH SERVICEREPAIR, YOUR EXCLUSIVE REMEDY AND PROVIDERDELL’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-THEN CURRENT PUBLISHED CHARGE CHARGES FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER DELL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATIONDEINSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVSYSTEM, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER.Neither Dell nor Customer may institute any action in any form arising out of this Agreement more than eighteen

LIMITATION OF REMEDY. EXCEPT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL LIABILITY OF LICENSOR UNDER THIS SOFTWARE LICENSE AGREEMENT IS EXPRESSLY LIMITED TO THE GREATER OF THE PRICE PAID FOR YOUR LIMITED WARRANTYTHE SOFTWARE PROGRAM AND FIVE U.S. DOLLARS (OR THE EQUIVALENT IN LOCAL CURRENCY). YOUR EXCLUSIVE SOLE REMEDY AND PROVIDER’S ENTIRE, COLLECTIVE LIABILITY AGAINST LICENSOR IN CONTRACT, TORT OR OTHERWISE, ANY DISPUTE UNDER THIS SOFTWARE LICENSE AGREEMENT IS THE PERFORMANCE SHALL BE TO SEEK TO RECOVER ONE OF THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICETHESE AMOUNTS, YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE LIABILITY WILL BE THE UPON PAYMENT OF ACTUAL DAMAGES NOT WHICH LICENSOR SHALL BE RELEASED AND DISCHARGED OF ALL FURTHER OBLIGATIONS AND LIABILITY TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE ORYOU. IN NO EVENT WILL LICENSOR, IF NO CHARGE WAS PAIDITS SUPPLIERS, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER SUBSIDIARIES, OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO YOU LOST PROFITS OR REVENUES, LOST SAVINGS, INTERRUPTION OF USE OR ANY OTHER PERSON LOSS OF, INACCURACY IN, OR DAMAGE TO, DATA OR RECORDS, FOR ANY DAMAGESCLAIMS OF THIRD PARTIES, INCLUDINGOR DAMAGE TO REAL OR TANGIBLE PROPERTY, FOR LOSS OF PRIVACY), IN CONNECTION WITH THE SOFTWARE PROGRAM, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF SUCH DAMAGES RESULTING FROM (a) THE INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVSOFTWARE PROGRAM, (b) THE COST OF PROCURING SUBSTITUTE SOFTWARE, OR OUT (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, REGARDLESS OF THE USE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY OR CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), AND EVEN IF LICENSOR, OR ITS SUPPLIERS, AFFILIATES, OR REMARKETERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY SERVICE MATERIALS PROVIDED HEREUNDERCLAIM BY YOU BASED ON A THIRD-PARTY CLAIM, EXCEPT TO THE EXTENT THIS EXCLUSION OF DAMAGES IS DETERMINED LEGALLY INVALID. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS THE FOREGOING LIMITATIONS APPLY EVEN IF THE ABOVE-STATED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDERRIGHTS.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDERDNF’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE REPAIR OF THE SERVICE DEFECTIVE SYSTEM OR COMPONENTS IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER DNF IS UNABLE TO PROVIDE MAKE SUCH SERVICEREPAIR, YOUR EXCLUSIVE REMEDY AND PROVIDERDNF’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE TO DNF AT TIME OF PURCHASE OR, IF NO CHARGE WAS CHARGES WERE PAID, THE THEN-CURRENT PUBLISHED CHARGE CHARGES FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER DNF BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVSYSTEM, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATENeither DNF nor you may institute any action in any form arising out of this agreement more than eighteen (18) months after the cause of action has arisen, or in the case of nonpayment, more than eighteen (18) months from the date of last payment. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIESWith regard to any services that are not within the coverage of this agreement, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOUit will be within DNF’s discretion whether to perform the services, THE CUSTOMERand if DNF elects to perform the services, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDERthe services will be subject to an additional charge to be paid by the customer.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDERBANCTEC’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE REPAIR OF THE SERVICE DEFECTIVE SYSTEM OR COMPONENTS IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER BANCTEC IS UNABLE TO PROVIDE MAKE SUCH SERVICEREPAIR, YOUR EXCLUSIVE REMEDY AND PROVIDERBANCTEC’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR IN THE SERVICE PRECEEDING TWELVE (12) MONTHS OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE ANNUAL CHARGES FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BANCTEC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATIONDEINSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVSYSTEM, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDER’S 'S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE OF THE SERVICE INSTALLATION SERVICES IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICESERVICES, YOUR EXCLUSIVE REMEDY AND PROVIDER’S 'S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVSYSTEM, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. HEREUNDER THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE MAY AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, TO ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S 'S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY ANY AND PROVIDER’S ENTIRE, COLLECTIVE ALL LIABILITY IN CONTRACT, TORT OR OTHERWISE, OF LICENSOR UNDER THIS SOFTWARE LICENSE AGREEMENT IS EXPRESSLY LIMITED TO THE PERFORMANCE GREATER OF THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICE, YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PRICE PAID BY YOU FOR THE SERVICE ORSOFTWARE PROGRAM AND FIVE U.S. DOLLARS (OR THE EQUIVALENT IN LOCAL CURRENCY). IN NO EVENT WILL LICENSOR, IF NO CHARGE WAS PAIDITS SUPPLIERS, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER SUBSIDIARIES, OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGESSPECIAL, INCLUDINGINCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUES, LOST SAVINGS, OR INTERRUPTION OF USE), IN CONNECTION WITH THE SOFTWARE PROGRAM, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF SUCH DAMAGES RESULTING FROM (a) THE INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVSOFTWARE PROGRAM, (b) THE COST OF PROCURING SUBSTITUTE SOFTWARE, OR OUT (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, REGARDLESS OF THE USE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY OR CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), AND EVEN IF LICENSOR, OR ITS SUPPLIERS, AFFILIATES, OR REMARKETERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY SERVICE MATERIALS PROVIDED HEREUNDERCLAIM BY YOU BASED ON A THIRD- PARTY CLAIM, EXCEPT TO THE EXTENT THIS EXCLUSION OF DAMAGES IS DETERMINED LEGALLY INVALID. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS THE FOREGOING LIMITATIONS APPLY EVEN IF THE ABOVE-STATED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDERRIGHTS.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED THE WARRANTIES SPECIFICALLY DESCRIBED HEREIN, F5 DOES NOT MAKE ANY GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS, SPECIFICATIONS, SUPPORT, SERVICE OR ANYTHING ELSE. YOUR EXCLUSIVE REMEDY F5 HAS NOT AUTHORIZED ANYONE TO MAKE ANY REPRESENTATION OR WARRANTY OTHER THAN AS PROVIDED ABOVE. F5 DISCLAIMS ANY AND PROVIDER’S ENTIREALL WARRANTIES AND GUARANTEES, COLLECTIVE LIABILITY IN CONTRACTEXPRESS, TORT IMPLIED OR OTHERWISE, ARISING, WITH RESPECT TO THE PRODUCTS OR SERVICES DELIVERED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. THE COLLECTIVE LIABILITY OF F5 AND ITS THIRD PARTY LICENSORS UNDER THIS AGREEMENT IS THE PERFORMANCE OF THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICE, YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE AMOUNT PAID BY YOU FOR THE SERVICE ORPRODUCT. F5 WILL HAVE NO OBLIGATION OR LIABILITY, IF NO CHARGE WAS PAIDWHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO YOU TORT (INCLUDING ACTIVE, PASSIVE OR ANY OTHER PERSON IMPUTED NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) OR OTHERWISE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECTSPECIAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TV, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL INDIRECT DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, INCLUDING BUT NOT LIMITED TOTO LOSS OF USE, ANY CLAIMS FOR NEGLIGENCELOSS OF DATA, GROSS NEGLIGENCEBUSINESS INTERRUPTION, LOSS OF REVENUE, LOSS OF BUSINESS OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH ANY MANNER RELATED OF THE PRODUCTS OR OTHER GOODS OR SERVICES FURNISHED TO THIS AGREEMENT OR CUSTOMER BY F5, EVEN IF ADVISED OF THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF POSSIBILITY OF PROVIDERSUCH DAMAGES.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDERBTPM’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE REPAIR OF THE SERVICE DEFECTIVE PRINTER OR COMPONENTS IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER BTPM IS UNABLE TO PROVIDE MAKE SUCH SERVICEREPAIR, YOUR EXCLUSIVE REMEDY AND PROVIDERBTPM’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR IN THE SERVICE PRECEEDING TWELVE (12) MONTHS OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE ANNUAL CHARGES FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BTPM BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATIONDEINSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVPRINTER, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT AGREEMEENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO CANCELLATION. BTPM MAY IMMEDIATELY CANCEL THIS AGREEMENT AND YOU WILL NOT BE ENTITLED TO A REFUND IF YOU FAIL TO MAKE ANY PAYMENT WHEN DUE, IF YOU FAIL TO PROPERLY RESTRAIN A PET, IF YOU THREATEN EITHER VERBALLY OR PHYSICALLY OUR TECHNICIAN, IF YOUR LOCATION OR THE SERVICES PROVIDED GENERAL AREA WHERE THE PRINTER IS LOCATED IS INFESTED WITH BUGS, RODENTS, PESTS, BIOHAZARDS, HUMAN OR ANIMAL EXCREMENT AND/OR CHEMICALS AS REASONABLY DETERMINED TO BE UNSAFE BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER.OUR TECHNICIAN. Neither BTPM nor you may institute any action in any form arising out of this Agreement more than eighteen (18) months after the cause of action has arisen, or in the case of nonpayment, more than eighteen (18) months from the date of last payment. With regard to any services that are not within the coverage of this Agreement, it will be within BTPM’s discretion whether to perform the services, and, if BTPM elects to perform the services, the services will be subject to an additional charge to be paid by you. Important Additional Information

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDERBTPM’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE REPAIR OF THE SERVICE DEFECTIVE SYSTEM OR COMPONENTS IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER BTPM IS UNABLE TO PROVIDE MAKE SUCH SERVICEREPAIR, YOUR EXCLUSIVE REMEDY AND PROVIDERBTPM’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR IN THE SERVICE PRECEDING TWELVE (12) MONTHS OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE ANNUAL CHARGES FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BTPM BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATIONDEINSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVSYSTEM, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDERDELL’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE REPAIR OF THE SERVICE DEFECTIVE SYSTEM OR COMPONENTS IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER DELL IS UNABLE TO PROVIDE MAKE SUCH SERVICEREPAIR, YOUR EXCLUSIVE REMEDY AND PROVIDERDELL’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-THEN CURRENT PUBLISHED CHARGE CHARGES FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER DELL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATIONDEINSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVSYSTEM, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT AGREEMEENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOUNeither Dell nor Customer may institute any action in any form arising out of this Agreement more than eighteen (18) months after the cause of action has arisen, THE CUSTOMERor in the case of nonpayment, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS more than eighteen (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER18) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDERmonths from the date of last payment.

LIMITATION OF REMEDY. AGFA'S SOLE OBLIGATION AND THE SOLE AND EXCLUSIVE REMEDY OF BUYER IS LIMITED TO ISSUING A CREDIT ON BUYER'S AGFA ACCOUNT IN THE AMOUNT OF THE NET PRICE OF PRODUCTS VERIFIED BY AGFA TO BE DEFECTIVE IN MANUFACTURE, LABELING OR PACKAGING. PROVIDED, HOWEVER, THAT IN THE CASE OF FILM PRODUCTS WHOSE DEFECTIVE CONDITION HAS BEEN DISCOVERED ONLY AFTER SUCH FILM PRODUCT HAS BEEN PROCESSED, THE AMOUNT OF THE FOREGOING CREDIT SHALL BE 135% OF THE NET PRICE CHARGED BY AGFA HEREUNDER FOR SUCH DEFECTIVE FILM PRODUCTS. IN ADDITION, IN THE CASE OF PAPER PRODUCTS WHOSE DEFECTIVE CONDITION HAS BEEN DISCOVERED ONLY AFTER SUCH PAPER PRODUCT HAS BEEN PROCESSED, THE AMOUNT OF THE FOREGOING CREDIT SHALL BE NO MORE THAN 135% OF THE NET PRICE CHARGED BY AGFA HEREUNDER OF THE SQUARE FOOTAGE Of BUYER'S END USER CUSTOMER'S ORDER THAT HAS BEEN ADVERSELY AFFECTED BY SUCH DEFECTIVE PAPER PRODUCT. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRETHE APPLICATION OF SUCH CREDITS, COLLECTIVE LIABILITY IN CONTRACTPRODUCTS ARE SOLD WITHOUT WARRANTY OF ANY KIND, TORT OR OTHERWISEEXPRESS, UNDER THIS AGREEMENT IS THE PERFORMANCE OF THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICE, YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIALIMPLIED, OR CONSEQUENTIAL DAMAGESSTATUTORY, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TV, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY CLAIMS WARRANTY OF MERCHANTABILITY OR FITNESS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDERA PARTICULAR PURPOSE.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDERDELL’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE REPAIR OF THE SERVICE DEFECTIVE SYSTEM OR COMPONENTS IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER DELL IS UNABLE TO PROVIDE MAKE SUCH SERVICEREPAIR, YOUR EXCLUSIVE REMEDY AND PROVIDERDELL’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-THEN CURRENT PUBLISHED CHARGE CHARGES FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER DELL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATIONDEINSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVSYSTEM, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER.OF

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY ANY AND PROVIDER’S ENTIRE, COLLECTIVE ALL LIABILITY IN CONTRACT, TORT OR OTHERWISE, OF LICENSOR UNDER THIS SOFTWARE LICENSE AGREEMENT IS EXPRESSLY LIMITED TO THE PERFORMANCE GREATER OF THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICE, YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PRICE PAID BY YOU FOR THE SERVICE ORSOFTWARE PROGRAM AND FIVE U.S. DOLLARS (OR THE EQUIVALENT IN LOCAL CURRENCY). IN NO EVENT WILL LICENSOR, IF NO CHARGE WAS PAIDITS SUPPLIERS, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER SUBSIDIARIES, OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGESSPECIAL, INCLUDINGINCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUES, LOST SAVINGS, OR INTERRUPTION OF USE IN CONNECTION WITH THE SOFTWARE PROGRAM, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF SUCH DAMAGES RESULTING FROM (a) THE INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVSOFTWARE PROGRAM, (b) THE COST OF PROCURING SUBSTITUTE SOFTWARE, OR OUT (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, REGARDLESS OF THE USE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY OR CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), AND EVEN IF LICENSOR, OR ITS SUPPLIERS, AFFILIATES, OR REMARKETERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY SERVICE MATERIALS PROVIDED HEREUNDERCLAIM BY YOU BASED ON A THIRD-PARTY CLAIM, EXCEPT TO THE EXTENT THIS EXCLUSION OF DAMAGES IS DETERMINED LEGALLY INVALID. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS THE FOREGOING LIMITATIONS APPLY EVEN IF THE ABOVE-STATED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDERRIGHTS.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDER’S 'S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE OF THE SERVICE INSTALLATION SERVICES IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICESERVICES, YOUR EXCLUSIVE REMEDY AND PROVIDER’S 'S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATIONDEINSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVSYSTEM, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT AGREEMEENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, TO ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S 'S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDER’S 'S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE OF THE SERVICE INSTALLATION SERVICES IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICESERVICES, YOUR EXCLUSIVE REMEDY AND PROVIDER’S 'S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-DE- INSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVSYSTEM, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, TO ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S 'S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER.. Time Limitation for Claims. Neither Provider nor you may institute any action in any form arising out of this Agreement more than eighteen (18) months after the cause of action has arisen, or in the case of nonpayment, more than eighteen (18) months from the date of last payment. With regard to any services that are not within the coverage of this Agreement, it will be within Provider's discretion whether to perform the services, and, if Provider elects to perform the services, the services will be subject to an additional charge to be paid by you. ATTACHMENT 2 PC Set-Up with Data Transfer Checklist and Customer Acceptance Form Customer Name Technician Name Date Dell Order Number Pre-Installation Walk Throu gh 1. All PC(s) and additional equipment are intended for home users. Yes No

LIMITATION OF REMEDY. EXCEPT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL LIABILITY OF LEXMARK UNDER THIS SOFTWARE LICENSE AGREEMENT IS EXPRESSLY LIMITED TO THE GREATER OF THE PRICE PAID FOR YOUR LIMITED WARRANTYTHE SOFTWARE PROGRAM AND FIVE U.S. DOLLARS (OR THE EQUIVALENT IN LOCAL CURRENCY). YOUR EXCLUSIVE SOLE REMEDY AND PROVIDER’S ENTIRE, COLLECTIVE LIABILITY AGAINST LEXMARK IN CONTRACT, TORT OR OTHERWISE, ANY DISPUTE UNDER THIS SOFTWARE LICENSE AGREEMENT IS THE PERFORMANCE SHALL BE TO SEEK TO RECOVER ONE OF THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICETHESE AMOUNTS, YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE LIABILITY WILL BE THE UPON PAYMENT OF ACTUAL DAMAGES NOT WHICH LEXMARK SHALL BE RELEASED AND DISCHARGED OF ALL FURTHER OBLIGATIONS AND LIABILITY TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE ORYOU. IN NO EVENT WILL LEXMARK, IF NO CHARGE WAS PAIDITS SUPPLIERS, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER SUBSIDIARIES, OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECTSPECIAL, INCIDENTAL, SPECIALINDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITSDAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUES, LOST SAVINGS SAVINGS, INTERRUPTION OF USE OR EARNINGSANY LOSS OF, LOST OR CORRUPTED DATAINACCURACY IN, OR OTHER LIABILITY DAMAGE TO, DATA OR RECORDS, FOR CLAIMS OF THIRD PARTIES, OR DAMAGE TO REAL OR TANGIBLE PROPERTY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, OR OUT THE USE OF THE INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVSOFTWARE PROGRAM, OR OUT OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS SOFTWARE LICENCE AGREEMENT), REGARDLESS OF THE USE NATURE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIESCLAIM, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, INCLUDING BUT NOT LIMITED TOTO BREACH OF WARRANTY OR CONTRACT, ANY CLAIMS FOR NEGLIGENCETORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), GROSS NEGLIGENCEAND EVEN IF LEXMARK, OR WILLFUL MISCONDUCT BY PROVIDER ITS SUPPLIERS, AFFILIATES, OR ANY THIRD PARTY ACTING ON BEHALF REMARKETERS HAVE BEEN ADVISED OF PROVIDER) AND THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY LOSSESCLAIM BY YOU BASED ON A THIRD-PARTY CLAIM, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT EXCEPT TO THE EXTENT THIS EXCLUSION OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR DAMAGES IS DETERMINED LEGALLY INVALID. THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF FOREGOING LIMITATIONS APPLY EVEN IF THE ABOVE-STATED REMEDIES FAIL OF PROVIDERTHEIR ESSENTIAL PURPOSE.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY DOT HILL’S INDEMNITY LIABILITIES UNDER SECTION 24.1 AND PROVIDER’S ENTIREANY BREACHES BY DOT HILL OF CONFIDENTIALITY PROVISIONS IN THE MUTUAL NON-DISCLOSURE AGREEMENT INCORPORATED BY REFERENCE INTO THIS AGREEMENT, COLLECTIVE ANY LIABILITY IN CONTRACT, TORT OF DOT HILL RESULTING FROM ANY PRODUCTS SOLD OR OTHERWISE, UNDER SERVICES PROVIDED BY DOT HILL PURSUANT TO THIS AGREEMENT IS SHALL BE LIMITED SOLELY TO THE PERFORMANCE REMEDIES SET FORTH IN THE WARRANTY PROVISIONS OF THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICE, YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF IN NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER EVENT SHALL DOT HILL BE LIABLE TO YOU FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY NETAPP, NETAPP’S CUSTOMERS, OR ANY OTHER PERSON FOR OWNER OR USER OF THE PRODUCTS OR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIALSERVICES, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, FOR LOST SAVINGS PROFITS OR EARNINGS, LOST LOSS OF ANY DATA. EXCEPT WITH RESPECT TO DOT HILL’S INDEMNITY LIABILITIES UNDER SECTION 24.1 OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT ANY BREACHES BY DOT HILL OF OR RELATED TO CONFIDENTIALITY PROVISIONS IN THE MUTUAL NON-DISCLOSURE AGREEMENT INCORPORATED BY REFERENCE INTO THIS AGREEMENT, OR OUT OF DOT HILL’S MAXIMUM LIABILITY UNDER THIS AGREEMENT, HOWEVER ARISING, SHALL IN NO EVENT EXCEED [***] PERIOD PRECEDING THE INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY EVENT THAT CAUSED THE DAMAGE AND WHICH CAUSED THE LIABILITY TO USE THE PLASMA TV, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDEROCCUR. IN NO EVENT SHALL THIS AGREEMENT GIVES YOU SPECIFIC LEGAL BE CONSTRUED SO AS TO REDUCE THE PROPRIETARY RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDERDOT HILL.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE OF THE SERVICE INSTALLATION SERVICES IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICESERVICES, YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SUCH SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATIONDEINSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVSYSTEM, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT AGREEMEENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOUCANCELLATION. PROVIDER MAY IMMEDIATELY CANCEL THIS AGREEMENT AND YOU WILL NOT BE ENTITLED TO A REFUND IF YOU FAIL TO PROPERLY RESTRAIN A PET, IF YOU THREATEN EITHER VERBALLY OR PHYSICALLY OUR TECHNICIAN, IF YOUR LOCATION OR THE CUSTOMERGENERAL AREA WHERE THE SYSTEM IS LOCATED IS INFESTED WITH BUGS, AGREE RODENTS, PESTS, BIOHAZARDS, HUMAN OR ANIMAL EXCREMENT AND/OR CHEMICALS AS REASONABLY DETERMINED TO BE UNSAFE BY OUR TECHNICIAN. INDEMNIFICATION. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, TO ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER. Neither Provider nor you may institute any action in any form arising out of this Agreement more than eighteen (18) months after the cause of action has arisen, or in the case of nonpayment, more than eighteen (18) months from the date of last payment.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY TO THE EXTENT PERMITTED BY LAW, NEITHER YOU NOR MACSTADIUM, AND PROVIDER’S ENTIREITS SUPPLIERS AND PROVIDERS, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISEWILL, UNDER THIS AGREEMENT IS THE PERFORMANCE OF THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICEANY CIRCUMSTANCES, YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO YOU ONE ANOTHER OR ANY OTHER PERSON A USER FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATION, USE OFANY SERVICE ORDER, OR INABILITY TO USE THE PLASMA TV, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, ONLINE ORDER INCLUDING BUT NOT LIMITED TOTO LOST PROFITS, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCELOST DATA OR CONTENT, OR WILLFUL MISCONDUCT LOSS OF BUSINESS, EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING, INCLUDING FOR UNAUTHORIZED ACCESS (I.E., HACKING) INTO MACSTADIUM’S OR YOUR TRANSMISSION FACILITIES, PREMISES OR EQUIPMENT, OR FOR UNAUTHORIZED ACCESS TO YOUR DATA FILES, CONTENT, PROGRAMS, PROCEDURES OR INFORMATION; PROVIDED, HOWEVER, THAT THIS LIMITATION SHALL NOT APPLY ONLY TO THE EXTENT THAT THE UNAUTHORIZED ACCESS IS CAUSED BY PROVIDER MACSTADIUM’S GROSS NEGLIGENCE OR ANY THIRD PARTY ACTING ON BEHALF INTENTIONAL TORTIOUS MISCONDUCT. Maximum Liability. EXCEPT RELATING TO THE INDEMNIFICATION OBLIGATIONS UNDER SECTION 7, OBLIGATIONS OF PROVIDER) AND CONFIDENTIALITY UNDER SECTION 10, OR LIABILITY FOR ANY LOSSESGROSS NEGLIGENCE OR INTENTIONAL TORTIOUS MISCONDUCT, DAMAGESTO THE EXTENT PERMITTED BY LAW, LIABILITIES UNDER NO CIRCUMSTANCES WILL EITHER YOUR OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEYMACSTADIUM’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT, ANY SERVICE ORDER, OR ONLINE ORDER (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF A) AMOUNTS PAID TO MACSTADIUM BY YOU UNDER THE APPLICABLE SERVICE ORDER OR ONLINE ORDER DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR B) USD $50,000. Independent Allocations of Risk. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS PROVIDED TO ALLOCATE THE SERVICES PROVIDED RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY PROVIDER OR MACSTADIUM TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 9 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY THIRD PARTY ACTING ON BEHALF OF PROVIDERLIMITED REMEDY IN THIS AGREEMENT.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRETO THE EXTENT PERMITTED BY LAW, COLLECTIVE LIABILITY IN CONTRACTNEITHER PARTY WILL UNDER ANY CIRCUMSTANCES, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE OF THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICE, YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO YOU ONE ANOTHER OR ANY OTHER PERSON A USER FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, AGREEMENT OR OUT OF THE INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TV, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIESORDER, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, INCLUDING BUT NOT LIMITED TOTO LOST PROFITS, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCELOST DATA OR CONTENT, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF LOSS OF PROVIDER) AND FOR ANY LOSSESBUSINESS, EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES, LIABILITIES INCLUDING FOR UNAUTHORIZED ACCESS (I.E., HACKING) INTO MACSTADIUM’S OR COSTS INCURRED YOUR TRANSMISSION FACILITIES, PREMISES OR EQUIPMENT, OR FOR UNAUTHORIZED ACCESS TO YOUR DATA; PROVIDED, HOWEVER, THAT THIS LIMITATION APPLIES ONLY TO THE EXTENT THAT THE UNAUTHORIZED ACCESS IS NOT CAUSED BY PROVIDER (INCLUDINGMACSTADIUM’S GROSS NEGLIGENCE OR INTENTIONAL TORTIOUS MISCONDUCT. Maximum Liability. EXCEPT RELATING TO THE INDEMNIFICATION OBLIGATIONS UNDER SECTION 7, WITHOUT LIMITATIONOBLIGATIONS OF CONFIDENTIALITY UNDER SECTION 10, ATTORNEYOR LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL TORTIOUS MISCONDUCT, TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL EITHER PARTY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR ANY SERVICE ORDER (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE SERVICES PROVIDED BY PROVIDER GREATER OF A) AMOUNTS PAID UNDER THE APPLICABLE SERVICE ORDER DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDERB) USD $50,000.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDERDMLP’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE REPAIR OF THE SERVICE DEFECTIVE PRINTER OR COMPONENTS IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER DMLP IS UNABLE TO PROVIDE MAKE SUCH SERVICEREPAIR, YOUR EXCLUSIVE REMEDY AND PROVIDERDMLP’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE CHARGES FOR THIS AGREEMENT. AGREEMENT UNDER NO CIRCUMSTANCES WILL PROVIDER DMLP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATIONDEINSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVPRINTER, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDERHEREUNDER REGARDLESS OF WHETHER BASED ON TORT (INCLUDING NEGLIGENCE), WARRANTY, CONTRACT, OR ANY OTHER LEGAL THEORY, EVEN IF DMLP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT AGREEMEENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOUNeither DMLP nor you may institute any action in any form arising out of this Agreement more than eighteen (18) months after the cause of action has arisen, THE CUSTOMERor in the case of nonpayment, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS more than eighteen (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER18) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDERmonths from the date of last payment.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDERDELL’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE REPAIR OF THE SERVICE DEFECTIVE PRODUCT OR COMPONENTS IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER DELL IS UNABLE TO PROVIDE MAKE SUCH SERVICEREPAIR, YOUR EXCLUSIVE REMEDY AND PROVIDERDELL’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-THEN CURRENT PUBLISHED CHARGE CHARGES FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER DELL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATIONDEINSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVPRODUCT, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER.Neither Dell nor Customer may institute any action in any form arising out of this Agreement more than eighteen

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDERBANCTEC’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE REPAIR OF THE SERVICE DEFECTIVE PRINTER OR COMPONENTS IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER BANCTEC IS UNABLE TO PROVIDE MAKE SUCH SERVICEREPAIR, YOUR EXCLUSIVE REMEDY AND PROVIDERBANCTEC’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR IN THE SERVICE PRECEEDING TWELVE (12) MONTHS OR, IF NO CHARGE WAS PAID, THE THEN-THEN- CURRENT PUBLISHED CHARGE ANNUAL CHARGES FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BANCTEC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATIONDEINSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVPRINTER, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT AGREEMEENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDERSERVICECONNECTION’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE REPAIR OF THE SERVICE DEFECTIVE COVERED EQUIPMENT OR COMPONENTS IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER SERVICECONNECTION IS UNABLE TO PROVIDE MAKE SUCH SERVICEREPAIR, YOUR EXCLUSIVE REMEDY AND PROVIDERSERVICECONNECTION’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR IN THE SERVICE PRECEDING TWELVE (I2) MONTHS OR, IF NO CHARGE WAS PAID, THE THEN-THEN CURRENT PUBLISHED CHARGE ANNUAL CHARGES FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER SERVICECONNECTION BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-DE- INSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVSYSTEM, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. UNDER NO CIRCUMSTANCES IS SERVICECONNECTION OR IT’S PARTNERS LIABLE FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY: (1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES; (2) LOSS OF, OR DAMAGE TO, DATA; (3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR (4) LOST PROFITS, BUSINESS REVENUE, GOODWILL OR ANTICIPATED SAVINGS. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOUCANCELLATION. SERVICECONNECTION MAY CANCEL THIS AGREEMENT UPON WRITTEN NOTICE TO YOU IF YOU FAIL TO MAKE ANY PAYMENT WHEN DUE, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCEIF YOU THREATEN EITHER VERBALLY OR PHYSICALLY OUR TECHNICIAN, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT IF YOUR LOCATION OR THE SERVICES PROVIDED GENERAL AREA WHERE THE SYSTEM IS LOCATED CONTAINS ENVIRONMENTAL HAZARDS, BIOHAZARDS, OR CHEMICALS AS REASONABLY DETERMINED TO BE UNSAFE BY OUR TECHNICIAN AND THE SAME IS NOT CORRECTED OR CURED WITHIN TEN (10) DAYS. INSURANCE COVERAGE. IN STATES WHERE COVERAGE IS REQUIRED BY LAW, OBLIGATIONS OF THE PROVIDER UNDER THIS SERVICE CONTRACT ARE GUARANTEED UNDER A SERVICE CONTRACT REIMBURSEMENT INSURANCE POLICY. IF THE PROVIDER FAILS TO PAY OR ANY THIRD PARTY ACTING PROVIDE SERVICE ON BEHALF OF PROVIDER.A CLAIM WITHIN SIXTY

LIMITATION OF REMEDY. EXCEPT AS PROHIBITED BY LAW OR FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY CLAIMS ARISING UNDER SECTION 9.2, GT SOFTWARE, ITS LICENSORS, AND PROVIDER’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE OF THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICE, YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES OTHER SUPPLIERS SHALL NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO YOU LICENSEE, LICENSEE AFFILIATES, AUTHORIZED USERS, OR ANY OTHER PERSON THIRD PARTY, FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECTSPECIAL, INCIDENTAL, SPECIALCONSEQUENTIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS PUNITIVE DAMAGES OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY LIABILITIES FOR ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED RELATING TO THIS AGREEMENT, INCLUDING ALL EXHIBITS OR OUT AMENDMENTS, WHETHER IN CONTRACT OR TORT OR BY WAY OF INDEMNITY OR OTHERWISE, INCLUDING A BREACH, FOR DAMAGES ARISING FROM DELAY AND DAMAGES OR LIABILITIES FOR LOST PROFIT, LOST REVENUE, LOST SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF OR DAMAGE TO DATA, COSTS OF RECREATING LOST DATA, THE INSTALLATIONCOST OF ANY SUBSTITUTE EQUIPMENT, DE-INSTALLATION, USE OFPROGRAM, OR INABILITY TO USE THE PLASMA TVDATA, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND CLAIMS BY ANY THIRD PARTY ACTING ON BEHALF REGARDLESS OF PROVIDER FOR WHETHER SUCH DAMAGES OR LIABILITIES HAVE BEEN COMMUNICATED TO GT SOFTWARE AND REGARDLESS OF WHETHER GT SOFTWARE HAS OR GAINS KNOWLEDGE OF THE EXISTENCE OF SUCH DAMAGES OR LIABILITIES. THIS LIMITATION SHALL SPECIFICALLY SURVIVE A FAILURE OF ESSENTIAL PURPOSE OF ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR REMEDIES THAT MAY BE PROVIDED IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDERAGREEMENT.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE OF THE SERVICE INSTALLATION SERVICES IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICESERVICES, YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATIONDEINSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVSYSTEM, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT AGREEMEENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOUCANCELLATION. PROVIDER MAY IMMEDIATELY CANCEL THIS AGREEMENT AND YOU WILL NOT BE ENTITLED TO A REFUND IF YOU FAIL TO PROPERLY RESTRAIN A PET, IF YOU THREATEN EITHER VERBALLY OR PHYSICALLY OUR TECHNICIAN, IF YOUR LOCATION OR THE CUSTOMERGENERAL AREA WHERE THE SYSTEM IS LOCATED IS INFESTED WITH BUGS, AGREE RODENTS, PESTS, BIOHAZARDS, HUMAN OR ANIMAL EXCREMENT AND/OR CHEMICALS AS REASONABLY DETERMINED TO BE UNSAFE BY OUR TECHNICIAN. INDEMNIFICATION. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, TO ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER. Neither Provider nor you may institute any action in any form arising out of this Agreement more than eighteen (18) months after the cause of action has arisen, or in the case of nonpayment, more than eighteen (18) months from the date of last payment.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE OF THE SERVICE INSTALLATION SERVICES IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICESERVICES, YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVSYSTEM, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, TO ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE OF THE SERVICE INSTALLATION SERVICES IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICESERVICES, YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATIONDEINSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVSYSTEM, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT AGREEMEENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. CANCELLATION. PROVIDER MAY IMMEDIATELY CANCEL THIS AGREEMENT AND YOU WILL NOT BE ENTITLED TO A REFUND IF YOU FAIL TO PROPERLY RESTRAIN A PET, IF YOU THREATEN EITHER VERBALLY OR PHYSICALLY OUR TECHNICIAN, IF YOUR LOCATION OR THE GENERAL AREA WHERE THE SYSTEM IS LOCATED IS INFESTED WITH BUGS, RODENTS, PESTS, BIOHAZARDS, HUMAN OR ANIMAL EXCREMENT AND/OR CHEMICALS AS REASONABLY DETERMINED TO BE UNSAFE BY OUR TECHNICIAN. INDEMNIFICATION YOU, THE CUSTOMER, AGREE CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER BANCTEC AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER BANCTEC FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, TO ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER BANCTEC OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDERBANCTEC) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER BANCTEC (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER BANCTEC OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDERBANCTEC. Neither Provider nor you may institute any action in any form arising out of this Agreement more than eighteen (18) months after the cause of action has arisen, or in the case of nonpayment, more than eighteen (18) months from the date of last payment.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE OF THE SERVICE INSTALLATION SERVICES IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICESERVICES, YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-DE- INSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TVSYSTEM, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, TO ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER.. Time Limitation for Claims. Neither Provider nor you may institute any action in any form arising out of this Agreement more than eighteen (18) months after the cause of action has arisen, or in the case of nonpayment, more than eighteen (18) months from the date of last payment. With regard to any services that are not within the coverage of this Agreement, it will be within Provider's discretion whether to perform the services, and, if Provider elects to perform the services, the services will be subject to an additional charge to be paid by you. ATTACHMENT 2 Home PC & Wireless Installation with Internet Set-up & Data Transfer‌ Checklist and Customer Acceptance Form Customer Name Technician Name Date Dell Order Number Pre-Installation Walk Through