Transcend StoreJet Cloud Manuel De L'utilisateur page 68

IN NO EVENT SHALL TRANSCEND BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTION WITH THE USE, PERFORMANCE OR ACCURACY OF THE LICENSED SOFTWARE OR WITH
THE DELAY OR INABILITY TO USE THE LICENSED SOFTWARE, OR THE PRODUCT WITH WHICH THE
LICENSED SOFTWARE IS ASSOCIATED, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF TRANSCEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
8. Limitation of Liability. IN ANY CASE, TRANSCEND 'S LIABILITY ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT WILL BE LIMITED TO THE TOTAL AMOUNT ACTUALLY AND ORIGINALLY PAID AT
RETAIL BY CUSTOMER FOR THE PRODUCT. The foregoing Disclaimer and Limitation of Liability will apply to
the maximum extent permitted by applicable law. Some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the exclusions and limitations set forth above may not apply.
9. Termination. Transcend may, in addition to any other remedies available to Transcend, terminate this
Agreement immediately if Customer breaches any of its obligations under this Agreement.
10. Miscellaneous. (a) This Agreement constitutes the entire agreement between Transcend and Customer
concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized
executive of Transcend. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement will be
governed by the law of the Republic of China, excluding its conflict of law provisions. (c) If any part of this
Agreement is held invalid or unenforceable, and the remaining portions will remain in full force and effect. (d) A
waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will
not waive such term or condition or any subsequent breach thereof. (e) Transcend may assign its rights under this
Agreement without condition. (f) This Agreement will be binding upon and will inure to the benefit of the parties,
their successors and permitted assigns.
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