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LIMITATION OF LIABILITY

The Seller shall not be liable for any claim for consequential or incidental loss or damage arising or alleged to have risen from any delay in delivery, malfunction, failure of the equipment or Seller's inability to provide maintenance services for hardware or software related to the products. Accordingly, Purchaser agrees that Seller shall not be responsible to Purchaser for any loss-of-profit, indirect, incidental special or consequential damages arising out of the use of products or services. The Seller's liability for any other loss or damage arising out of or connected with the manufacture, sale or use of the equipment sold or service provided in a maintenance service contract, including liability that arises from any claim based on breach or repudiation of contract, warranty, tort, or otherwise, shall not in any event exceed the price of the equipment or services supplied by Seller. Seller reserves the right to make changes, at any time without notice, in prices, colors, materials, specifications and models; and to discontinue models.