Sensor
Sensor
Sensor
THAN
THE
LIMITED
WARRANTY
SPECIFICALLY
STATED
HEREIN,
SENSORNET, TO THE EXTENT PERMITTED
BY LAW, DISCLAIMS ALL WARRANTIES WITH
RESPECT TO SENSORNETS PRODUCTS,
INCLUDING THE PERFORMANCE THEREOF
AND ANY SERVICES PROVIDED TO BUYER,
EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY
ARISING FROM A COURSE OF DEALING OR
USAGE OF TRADE, NON-INFRINGEMENT
AND ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE OR USE.
9. Limitation of Liability.
To the extent
permitted by law, Sensornet shall not be liable
whether in contract, tort (including negligence),
breach of statutory duty, or otherwise for any
special, incidental, consequential or indirect
damages or for loss of goodwill or business
profits, lost revenue, work stoppage, computer
failure or malfunction, or for any and all other
exemplary or punitive damages arising
hereunder or from the use of products, including,
without limitation, any such loss or damage
relating to personal injury or property damage,
even if Sensornet has been advised or was
aware of the possibility of such loss or damages.
Except in the case of death or personal injury
caused by Sensornets gross negligence or for
any matter in respect of which it would be
unlawful for Sensornet to exclude or restrict its
liability, Sensornet's total aggregate liability to
Buyer for any and all other damages, losses or
liabilities arising hereunder or from the products,
whether in contract, tort (including negligence),
breach of statutory duty or otherwise, shall not
exceed the amounts actually received by
Sensornet from Buyer with respect to the
product giving rise to the liability. Buyer shall
indemnify Sensornet for any liability arising from
Buyers (including its employees and agents)
use of the products sold (directly or indirectly) by
Sensornet.