Common use of Warranties and Limitation of Liability Clause in Contracts

Warranties and Limitation of Liability. Enfocus warrants for a period of 90 calendar days after delivery (the “Warranty Period”) that the Software will perform substantially in accordance with the accompanying user documentation provided that the Software is used under normal operating and maintenance conditions, as directed in the documentation, and in compliance with this Agreement. The warranties set forth in this Agreement will not apply if defects arise out of accident, neglect, misuse, failure of utilities, equipment failures, causes beyond Enfocus’ control, or use other than ordinary use for which the Software is intended. This warranty does not cover any software, hardware or materials not sold by Enfocus (the case being through a channel partner), or any combination of Enfocus Software with the same. Any modifications to the Software by any persons other than Enfocus or an authorized partner will void the warranty described in this Agreement and cause an event of default under this Agreement. In the event of a claim during the Warranty Period, Enfocus’ sole obligation will be to cause the Software to substantially conform to its documentation (to the extent technically and reasonably possible and on the condition that the error is reproducible) by amending or updating the Software or supplying an alternative version of the product in which it is embedded. In the event that Enfocus is unable to bring the Software into compliance with the warranty, You may return the Software to Enfocus and You will be entitled to recover, as Your sole and exclusive remedy, the fees paid for that non-complying Software, depreciated in accordance with standard accountancy practices. THIRD PARTY SOFTWARE, TRIAL SOFTWARE AND PRE-RELEASE SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT CONDITION OR WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EITHER EXPRESS OR IMPLIED. THE WARRANTIES AND ENFOCUS’ LIABILITY DESCRIBED IN THIS AGREEMENT ARE ENFOCUS’ EXCLUSIVE OBLIGATIONS AND YOUR EXCLUSIVE REMEDIES. THEY ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. NO OTHER WARRANTIES, REMEDIES, OBLIGATIONS, LIABILITIES, RIGHTS, OR CLAIMS, WHETHER ARISING IN TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE ARE MADE OR GIVEN BY ENFOCUS, INCLUDING WITHOUT LIMITATION, ANY WARRANTY THE SOFTWARE IS ERROR OR BUG FREE. NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, IS MADE EXCEPT AS SET FORTH IN THIS AGREEMENT. ENFOCUS EXPRESSLY DISCLAIMS (AND YOU ACKNOWLEDGE THAT IT DISCLAIMS) ANY WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ENFOCUS, REGARDLESS OF LEGAL THEORY, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS BUT NOT LIMITED TO ANY LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, OR ANY OTHER ECONOMICAL ADVANTAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE PROCURED UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ENFOCUS’ LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SOFTWARE PROCURED UNDER THIS AGREEMENT, REGARDLESS OF LEGAL THEORY AND FOR ALL CLAIMS IN AGGREGATE, EXCEED THE PRICE YOU PAID FOR THE SOFTWARE GIVING RISE TO THE CLAIM.

Warranties and Limitation of Liability. Enfocus warrants for a period of 90 calendar days after delivery (the “Warranty Period”) that the Software will perform substantially in accordance with the accompanying user documentation provided that the Software is used under normal operating and maintenance conditions, as directed in the documentation, and in compliance with this Agreement. The warranties set forth in this Agreement will not apply if defects arise out of accident, neglect, misuse, failure of utilities, equipment failures, causes beyond Enfocus’ ’s control, or use other than ordinary use for which the Software is intended. This warranty does not cover any software, hardware or materials not sold by Enfocus (the case being through a channel partner)Enfocus, or any combination of Enfocus Software with the same. Any modifications to the Software by any persons other than Enfocus or an authorized partner will void the warranty described in this Agreement and cause an event of default under this Agreement. In the event of a claim during the Warranty Period, Enfocus’ ’s sole obligation will be to cause the Software to substantially conform to its documentation (to the extent technically and reasonably possible and on the condition that the error is reproducible) by amending or updating the Software or supplying an alternative version of the product in which it is embedded. In the event that Enfocus is unable to bring the Software into compliance with the warranty, You may return the Software to Enfocus and You will be entitled to recover, as Your sole and exclusive remedy, the fees paid for that non-complying Software, depreciated in accordance with standard accountancy practices. THIRD PARTY SOFTWARE, TRIAL SOFTWARE AND PRE-RELEASE TRIAL SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT CONDITION OR WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EITHER EXPRESS OR IMPLIED. THE WARRANTIES AND ENFOCUS’ ’S LIABILITY DESCRIBED IN THIS AGREEMENT ARE ENFOCUS’ ’S EXCLUSIVE OBLIGATIONS AND YOUR EXCLUSIVE REMEDIES. THEY ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. NO OTHER WARRANTIES, REMEDIES, OBLIGATIONS, LIABILITIES, RIGHTS, OR CLAIMS, WHETHER ARISING IN TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE ARE MADE OR GIVEN BY ENFOCUS, INCLUDING WITHOUT LIMITATION, ANY WARRANTY THE SOFTWARE IS ERROR OR BUG FREE. NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, IS MADE EXCEPT AS SET FORTH IN THIS AGREEMENT. ENFOCUS EXPRESSLY DISCLAIMS (AND YOU ACKNOWLEDGE THAT IT DISCLAIMS) ANY WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ENFOCUS, REGARDLESS OF LEGAL THEORY, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS BUT NOT LIMITED TO ANY LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, OR ANY OTHER ECONOMICAL ADVANTAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE PROCURED UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ENFOCUS’ ’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SOFTWARE PROCURED UNDER THIS AGREEMENT, REGARDLESS OF LEGAL THEORY AND FOR ALL CLAIMS IN AGGREGATE, EXCEED THE PRICE YOU PAID TO ENFOCUS FOR THE SOFTWARE GIVING RISE TO THE CLAIM.

Warranties and Limitation of Liability. Enfocus Kongsberg PCS warrants for a period of 90 calendar days after delivery (the “Warranty Period”) that the Software will perform substantially in accordance with the accompanying user documentation provided that the Software is used under normal operating and maintenance conditions, as directed in the documentation, and in compliance with this Agreement. The warranties set forth in this Agreement will not apply if defects arise out of accident, neglect, misuse, failure of utilities, equipment failures, causes beyond Enfocus’ Kongsberg PCS’s control, or use other than ordinary use for which the Software is intended. This warranty does not cover any software, hardware or materials not sold by Enfocus (the case being through a channel partner)Kongsberg PCS, or any combination of Enfocus Kongsberg PCS Software with the same. Any modifications to the Software by any persons other than Enfocus or an authorized partner Kongsberg PCS will void the warranty described in this Agreement and cause an event of default under this Agreement. In the event of a claim during the Warranty Period, Enfocus’ Kongsberg PCS’s sole obligation will be to cause the Software to substantially conform to its documentation (to the extent technically and reasonably possible and on the condition that the error is reproducible) by amending or updating the Software or supplying an alternative version of the product in which it is embedded. In the event that Enfocus Xxxxxxxxx PCS is unable to bring the Software into compliance with the warranty, You may return the Software to Enfocus Kongsberg PCS and You will be entitled to recover, as Your sole and exclusive remedy, the fees paid for that non-complying Software, depreciated in accordance with standard accountancy practices. THIRD PARTY SOFTWARE, TRIAL SOFTWARE AND PRE-RELEASE TRIAL SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT CONDITION OR WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EITHER EXPRESS OR IMPLIED. THE WARRANTIES AND ENFOCUS’ KONGSBERG PCS’S LIABILITY DESCRIBED IN THIS AGREEMENT ARE ENFOCUS’ KONGSBERG PCS’S EXCLUSIVE OBLIGATIONS AND YOUR EXCLUSIVE REMEDIES. THEY ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. NO OTHER WARRANTIES, REMEDIES, OBLIGATIONS, LIABILITIES, RIGHTS, OR CLAIMS, WHETHER ARISING IN TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE ARE MADE OR GIVEN BY ENFOCUSXXXXXXXXX PCS, INCLUDING WITHOUT LIMITATION, ANY WARRANTY THE SOFTWARE IS ERROR OR BUG FREE. NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, IS MADE EXCEPT AS SET FORTH IN THIS AGREEMENT. ENFOCUS XXXXXXXXX PCS EXPRESSLY DISCLAIMS (AND YOU ACKNOWLEDGE THAT IT DISCLAIMS) ANY WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM MAXIUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ENFOCUSXXXX XXXXXXXXX PCS, REGARDLESS OF LEGAL THEORY, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS BUT NOT LIMITED TO ANY LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, OR ANY OTHER ECONOMICAL ADVANTAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE PROCURED UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ENFOCUS’ XXXX XXXXXXXXX PCS’s LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SOFTWARE PROCURED UNDER THIS AGREEMENT, REGARDLESS OF LEGAL THEORY AND FOR ALL CLAIMS IN AGGREGATE, EXCEED THE PRICE YOU PAID TO KONGSBERG PCS FOR THE SOFTWARE GIVING RISE TO THE CLAIM.

Warranties and Limitation of Liability. Enfocus Videojet warrants for a period of 90 calendar days after delivery (for time limited licenses, during the “Warranty Period”) Subscription Period in the event that the Subscription Period is less than 90 calendar days), that the Software will perform substantially in accordance with the accompanying user documentation provided that the Software is used under normal operating and maintenance conditions, as directed in the documentation, and in compliance with this Agreement. No warranty is given for trial or pre-release Software. The warranties set forth in this Agreement will not apply if defects arise out of accident, neglect, misuse, failure of utilities, equipment failures, causes beyond Enfocus’ Videojet’s control, or use other than ordinary use for which the Software is intended. This No warranty does not cover any software, hardware or materials not sold by Enfocus (the case being through a channel partner), or any combination of Enfocus Software with the sameapplies if you breach this license. Any modifications to the Software by any persons other than Enfocus or an authorized partner Videojet will void the warranty described in this Agreement and cause an event of default under this Agreement. In the event of a claim during the Warranty Period, Enfocus’ Videojet’s sole obligation will be to cause the Software to substantially conform to its documentation (to the extent commercially reasonable and technically and reasonably possible and on the condition that the error is reproducible) by amending or updating the Software or supplying an alternative version of the product in which it is embedded. In the event that Enfocus Videojet is unable to bring the Software into compliance with the this warranty, within the warranty period You may return the Software to Enfocus Videojet and You will be entitled to recover, as Your sole and exclusive remedy, the fees paid for that non-complying Software, depreciated in accordance with standard accountancy practices. Certain third party software may be provided with the Software. ALL DATA, THIRD PARTY SOFTWARE, AND TRIAL SOFTWARE AND PRE-RELEASE PRERELEASE SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT CONDITION OR WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, EITHER EXPRESS OR IMPLIED. Any editing, modification or Embedding of the Data done by You is done entirely at Your own risk. Videojet reserves the right to make any modifications to the Pre-release Software it deems fit at any time. THE WARRANTIES AND ENFOCUS’ VIDEOJET’S LIABILITY DESCRIBED IN THIS AGREEMENT ARE ENFOCUS’ VIDEOJET’S EXCLUSIVE OBLIGATIONS AND YOUR EXCLUSIVE REMEDIES. THEY ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. NO OTHER WARRANTIES, REMEDIES, OBLIGATIONS, LIABILITIES, RIGHTS, OR CLAIMS, WHETHER ARISING IN TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE ARE MADE OR GIVEN BY ENFOCUSVIDEOJET, INCLUDING WITHOUT LIMITATION, ANY WARRANTY THE SOFTWARE IS ERROR OR BUG FREE. NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, IS MADE EXCEPT AS SET FORTH IN THIS AGREEMENT. ENFOCUS VIDEOJET EXPRESSLY DISCLAIMS (AND YOU ACKNOWLEDGE THAT IT DISCLAIMS) ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAWSome jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. IN NO EVENT WILL ENFOCUS, REGARDLESS OF LEGAL THEORY, VIDEOJET BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS BUT NOT LIMITED TO ANY LOSS OF PROFITDAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF ANTICIPATED SAVINGSDATA OR PROFITS, LOSS WHETHER CLAIMED BY REASON OF DATABREACH OF WARRANTY OR OTHERWISE, OR AND WITHOUT REGARD TO THE FORM OF ACTION IN WHICH THAT CLAIM IS MADE. ANY OTHER ECONOMICAL ADVANTAGE, ACTION ARISING OUT AGAINST VIDEOJET MUST BE BROUGHT WITHIN TWELVE (12) MONTHS AFTER THE CAUSE OF OR IN CONNECTION WITH ACTION FIRST ACCRUES. THE AGGREGATE TOTAL OF ALL LIABILITIES OF VIDEOJET UNDER THIS AGREEMENT OR THE SOFTWARE PROCURED UNDER THIS AGREEMENT. WILL IN ANY CASE BE LIMITED TO THE MAXIMUM EXTENT PERMITTED LICENSE FEES PAID BY LAW, IN NO EVENT WILL ENFOCUS’ LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SOFTWARE PROCURED UNDER THIS AGREEMENT, REGARDLESS OF LEGAL THEORY AND FOR ALL CLAIMS IN AGGREGATE, EXCEED THE PRICE YOU PAID FOR THE SOFTWARE GIVING RISE TO THE CLAIMSOFTWARE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitations or exclusions may not apply to You.

Warranties and Limitation of Liability. Enfocus Videojet warrants for a period of 90 calendar days after delivery (for time limited licenses, during the “Warranty Period”) Subscription Period in the event that the Subscription Period is less than 90 calendar days), that the Software will perform substantially in accordance with the accompanying user documentation provided that the Software is used under normal operating and maintenance conditions, as directed in the documentation, and in compliance with this Agreement. No warranty is given for trial or pre-release Software. The warranties set forth in this Agreement will not apply if defects arise out of accident, neglect, misuse, failure of utilities, equipment failures, causes beyond Enfocus’ Videojet’s control, or use other than ordinary use for which the Software is intended. This No warranty does not cover any software, hardware or materials not sold by Enfocus (the case being through a channel partner), or any combination of Enfocus Software with the sameapplies if you breach this license. Any modifications to the Software by any persons other than Enfocus or an authorized partner Videojet will void the warranty described in this Agreement and cause an event of default under this Agreement. In the event of a claim during the Warranty Period, Enfocus’ Videojet’s sole obligation will be to cause the Software to substantially conform to its documentation (to the extent commercially reasonable and technically and reasonably possible and on the condition that the error is reproducible) by amending or updating the Software or supplying an alternative version of the product in which it is embedded. In the event that Enfocus Videojet is unable to bring the Software into compliance with the this warranty, within the warranty period You may return the Software to Enfocus Videojet and You will be entitled to recover, as Your sole and exclusive remedy, the fees paid for that non-complying Software, depreciated in accordance with standard accountancy practices. Certain third party software may be provided with the Software. ALL DATA, THIRD PARTY SOFTWARE, AND TRIAL SOFTWARE AND PRE-RELEASE PRERELEASE SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT CONDITION OR WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, EITHER EXPRESS OR IMPLIED. Any editing, modification or Embedding of the Data done by You is done entirely at Your own risk. Videojet reserves the right to make any modifications to the Pre-release Software it deems fit at any time. THE WARRANTIES AND ENFOCUS’ VIDEOJET’S LIABILITY DESCRIBED IN THIS AGREEMENT ARE ENFOCUS’ VIDEOJET’S EXCLUSIVE OBLIGATIONS AND YOUR EXCLUSIVE REMEDIES. THEY ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. NO OTHER WARRANTIES, REMEDIES, OBLIGATIONS, LIABILITIES, RIGHTS, OR CLAIMS, WHETHER ARISING IN TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE ARE MADE OR GIVEN BY ENFOCUSVIDEOJET, INCLUDING WITHOUT LIMITATION, ANY WARRANTY THE SOFTWARE IS ERROR OR BUG FREE. NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, IS MADE EXCEPT AS SET FORTH IN THIS AGREEMENT. ENFOCUS VIDEOJET EXPRESSLY DISCLAIMS (AND YOU ACKNOWLEDGE THAT IT DISCLAIMS) ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ENFOCUS, REGARDLESS OF LEGAL THEORY, VIDEOJET BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS BUT NOT LIMITED TO ANY LOSS OF PROFITDAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF ANTICIPATED SAVINGSDATA OR PROFITS, LOSS WHETHER CLAIMED BY REASON OF DATABREACH OF WARRANTY OR OTHERWISE, OR AND WITHOUT REGARD TO THE FORM OF ACTION IN WHICH THAT CLAIM IS MADE. ANY OTHER ECONOMICAL ADVANTAGE, ACTION ARISING OUT AGAINST VIDEOJET MUST BE BROUGHT WITHIN TWELVE (12) MONTHS AFTER THE CAUSE OF OR IN CONNECTION WITH ACTION FIRST ACCRUES. THE AGGREGATE TOTAL OF ALL LIABILITIES OF VIDEOJET UNDER THIS AGREEMENT OR THE SOFTWARE PROCURED UNDER THIS AGREEMENT. WILL IN ANY CASE BE LIMITED TO THE MAXIMUM EXTENT PERMITTED LICENSE FEES PAID BY LAW, IN NO EVENT WILL ENFOCUS’ LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SOFTWARE PROCURED UNDER THIS AGREEMENT, REGARDLESS OF LEGAL THEORY AND FOR ALL CLAIMS IN AGGREGATE, EXCEED THE PRICE YOU PAID FOR THE SOFTWARE GIVING RISE TO THE CLAIMSOFTWARE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitations or exclusions may not apply to You.

Warranties and Limitation of Liability. Enfocus Videojet warrants for a period of 90 calendar days after delivery (for time limited licenses, during the “Warranty Period”) Subscription Period in the event that the Subscription Period is less than 90 calendar days), that the Software will perform substantially in accordance with the accompanying user documentation provided that the Software is used under normal operating and maintenance conditions, as directed in the documentation, and in compliance with this Agreement. No warranty is given for trial or pre-release Software. The warranties set forth in this Agreement will not apply if defects arise out of accident, neglect, misuse, failure of utilities, equipment failures, causes beyond Enfocus’ Videojet’s control, or use other than ordinary use for which the Software is intended. This No warranty does not cover any software, hardware or materials not sold by Enfocus (the case being through a channel partner), or any combination of Enfocus Software with the sameapplies if you breach this license. Any modifications to the Software by any persons other than Enfocus or an authorized partner Videojet will void the warranty described in this Agreement and cause an event of default under this Agreement. In the event of a claim during the Warranty Period, Enfocus’ Videojet’s sole obligation will be to cause the Software to substantially conform to its documentation (to the extent commercially reasonable and technically and reasonably possible and on the condition that the error is reproducible) by amending or updating the Software or supplying an alternative version of the product in which it is embedded. In the event that Enfocus Videojet is unable to bring the Software into compliance with the this warranty, within the warranty period You may return the Software to Enfocus Videojet and You will be entitled to recover, as Your sole and exclusive remedy, the fees paid for that non-complying Software, depreciated in accordance with standard accountancy practices. Certain third party software may be provided with the Software. ALL DATA, THIRD PARTY SOFTWARE, AND TRIAL SOFTWARE AND PRE-PRE- RELEASE SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT CONDITION OR WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, EITHER EXPRESS OR IMPLIED. Any editing, modification or Embedding of the Data done by You is done entirely at Your own risk. Videojet reserves the right to make any modifications to the Pre-release Software it deems fit at any time. THE WARRANTIES AND ENFOCUS’ VIDEOJET’S LIABILITY DESCRIBED IN THIS AGREEMENT ARE ENFOCUS’ VIDEOJET’S EXCLUSIVE OBLIGATIONS AND YOUR EXCLUSIVE REMEDIES. THEY ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. NO OTHER WARRANTIES, REMEDIES, OBLIGATIONS, LIABILITIES, RIGHTS, OR CLAIMS, WHETHER ARISING IN TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE ARE MADE OR GIVEN BY ENFOCUSVIDEOJET, INCLUDING WITHOUT LIMITATION, ANY WARRANTY THE SOFTWARE IS ERROR OR BUG FREE. NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, IS MADE EXCEPT AS SET FORTH IN THIS AGREEMENT. ENFOCUS VIDEOJET EXPRESSLY DISCLAIMS (AND YOU ACKNOWLEDGE THAT IT DISCLAIMS) ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAWSome jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. IN NO EVENT WILL ENFOCUS, REGARDLESS OF LEGAL THEORY, VIDEOJET BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS BUT NOT LIMITED TO ANY LOSS OF PROFITDAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF ANTICIPATED SAVINGSDATA OR PROFITS, LOSS WHETHER CLAIMED BY REASON OF DATABREACH OF WARRANTY OR OTHERWISE, OR AND WITHOUT REGARD TO THE FORM OF ACTION IN WHICH THAT CLAIM IS MADE. ANY OTHER ECONOMICAL ADVANTAGE, ACTION ARISING OUT AGAINST VIDEOJET MUST BE BROUGHT WITHIN TWELVE (12) MONTHS AFTER THE CAUSE OF OR IN CONNECTION WITH ACTION FIRST ACCRUES. THE AGGREGATE TOTAL OF ALL LIABILITIES OF VIDEOJET UNDER THIS AGREEMENT OR THE SOFTWARE PROCURED UNDER THIS AGREEMENT. WILL IN ANY CASE BE LIMITED TO THE MAXIMUM EXTENT PERMITTED LICENSE FEES PAID BY LAW, IN NO EVENT WILL ENFOCUS’ LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SOFTWARE PROCURED UNDER THIS AGREEMENT, REGARDLESS OF LEGAL THEORY AND FOR ALL CLAIMS IN AGGREGATE, EXCEED THE PRICE YOU PAID FOR THE SOFTWARE GIVING RISE TO THE CLAIMSOFTWARE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitations or exclusions may not apply to You.