LIABILITY

LIMIT OF LIABILITY

  1. Melcom’s limit of liability under this limited warranty shall be the actual cash value of the product at the time purchaser returns the product for repair, as determined by the price paid by the purchaser for the product less a reasonable amount of usage. Melcom shall not be liable for any other losses or damages such as special, incidental, consequential, or punitive damages (including but not limited to loss of anticipated benefits or profits, loss of savings or revenue, loss of data, loss of use of the product or any associated equipment, cost of capital, cost of any substitute equipment or facilities, downtime, any costs of recovering, reprogramming, or reproducing any program or data, any failure to maintain the confidentiality of data stored on the product, the claims of any third parties, including subsequent purchasers, and injury to property, resulting from the purchase or use of the product or arising from breach of this warranty, breach of contract, negligence, strict liability, or any other legal or equitable theory, even if Melcom knew of the likelihood of such damages). Melcom shall not be liable for delay in rendering service under the limited warranty, or loss of use during the period that the product is being repaired.

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