Lantronix XChip Direct XChip Direct - User Guide - Page 5

Arising Out Of Or In Any Way Related To The Use Of Or Inability To Use The Software, The, Injury

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LIMITATION OF LIABILITY AND REMEDIES. IN NO EVENT SHALL LANTRONIX OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING THAT OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE, UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS FLA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF LANTRONIX OR ANY SUPPLIER, AND EVEN IF LANTRONIX OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The entire liability of Lantronix and any of its suppliers under any provision of this FLA for all of the foregoing shall be limited to the greater of the amount actually paid by Recipient for the Software or U.S.$5.00. APPLICABLE LAW. If this Software is acquired in the United States, this FLA is governed by the laws of the State of California, without reference to any conflict of laws principles. All disputes arising out of this FLA in the United States shall be subject to the exclusive jurisdiction of the state and federal courts located in Orange County, California, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts. If this Software is acquired in Canada, unless expressly prohibited by local law, this FLA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, Recipient consents to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this Software was otherwise acquired outside the United States, then local law may apply. ENTIRE AGREEMENT. This FLA (including any addendum or amendment to this FLA which is included with the Software) is the entire agreement between Recipient and Lantronix relating to the Software and the support services (if any) and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this FLA. To the extent the terms of any Lantronix policies or programs for support services conflict with the terms of this FLA, the terms of this FLA shall control. DeviceLinx™ XPort Direct/XChip Direct SoC User Guide 5

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DeviceLinx™
XPort Direct/XChip Direct SoC User Guide
5
LIMITATION OF LIABILITY AND REMEDIES. IN NO EVENT SHALL LANTRONIX OR ITS SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, DAMAGES FOR LOSS OF
PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL
INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING THAT OF GOOD FAITH OR OF
REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER)
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE, UNDER OR IN CONNECTION
WITH ANY PROVISION OF THIS FLA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF LANTRONIX OR ANY SUPPLIER, AND
EVEN IF LANTRONIX OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The
entire liability of Lantronix and any of its suppliers under any provision of this FLA for all of the foregoing shall be limited to
the greater of the amount actually paid by Recipient for the Software or U.S.$5.00.
APPLICABLE LAW. If this Software is acquired in the United States, this FLA is governed by the laws of the State of
California, without reference to any conflict of laws principles.
All disputes arising out of this FLA in the United States shall
be subject to the exclusive jurisdiction of the state and federal courts located in Orange County, California, and the parties
agree to submit to the personal and exclusive jurisdiction and venue of these courts.
If this Software is acquired in Canada,
unless expressly prohibited by local law, this FLA is governed by the laws in force in the Province of Ontario, Canada; and,
in respect of any dispute which may arise hereunder, Recipient consents to the jurisdiction of the federal and provincial
courts sitting in Toronto, Ontario.
If this Software was otherwise acquired outside the United States, then local law may
apply.
ENTIRE AGREEMENT. This FLA (including any addendum or amendment to this FLA which is included with the Software)
is the entire agreement between Recipient and Lantronix relating to the Software and the support services (if any) and
supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the
Software or any other subject matter covered by this FLA. To the extent the terms of any Lantronix policies or programs for
support services conflict with the terms of this FLA, the terms of this FLA shall control.