Micro Matic - Data Use Addendum - Flipbook - Page 7
INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW,
COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
11. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MICRO MATIC, ITS AFFILIATES,
PARTNERS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS,
OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR
DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT
OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE EQUIPMENT, YOUR
ACCOUNT, SMART DRAFT#, OR THE BEVERAGE PORTAL, OR OUR USE OF THE DATA OR
CONTACT INFORMATION, INCLUDING ANY DATA OR CONTACT INFORMATION THAT YOU
PROVIDED ON BEHALF OF A THIRD PARTY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,
PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF
PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL,
LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF
CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF LIABILITY,
THEN YOU AGREE THAT IN NO EVENT WILL MICRO MATIC, ITS AFFILIATES, PARTNERS,
LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, OR THEIR
RESPECTIVE AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND EXCEEDING THE AMOUNT
ACTUALLY PAID BY YOU TO MICRO MATIC IN CONNECTION WITH THIS AGREEMENT OR THE
EQUIPMENT (WHICHEVER IS LESS), INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, AS WELL AS PERSONAL INJURY, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS
OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER
CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF
FORESEEABLE.
IF YOU USE MICRO MATIC EQUIPMENT, COMPONENTS, OR SERVICES 3 INCLUDING BUT NOT
LIMITED TO THE SMART DRAFT# PLATFORM AND/OR THE BEVERAGE PORTAL 3 ON
EQUIPMENT THAT DID NOT ORIGINATE WITH MICRO MATIC OR THAT IS NOT MICRO MATIC
BRANDED EQUIPMENT, YOU MAY LIMIT OR WAIVE ANY WARRANTY THAT MAY HAVE BEEN
INCLUDED WITH THE NON-MICRO MATIC BRANDED EQUIPMENT, COMPONENTS, OR SERVICES,
OR OTHERWISE AFFECT THE FUNCTIONALITY OR PERFORMANCE OF THE NON-MICRO MATIC
EQUIPMENT. YOU AGREE THAT YOU ARE USING THE MICRO MATIC EQUIPMENT,
COMPONENTS, OR SERVICES 3 INCLUDING BUT NOT LIMITED TO THE SMART DRAFT#
PLATFORM AND/OR THE BEVERAGE PORTAL 3 AT YOUR OWN RISK, AND YOU SHALL NOT HOLD
MICRO MATIC RESPONSIBLE FOR ANY LOSS OF USE, DAMAGE, LOSS OF WARRANTY, OR ANY
OTHER CLAIMS THAT MAY RESULT FROM SUCH USE.
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