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4B. Manufacturer’s Warranty 275
Warranty
Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL HTC OR ITS
AFFILIATES BE LIABLE TO YOU, ANY USER, OR THIRD
PARTY FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE
DAMAGES OF ANY KIND, ARISING IN CONTRACT,
TORT, OR OTHERWISE, INCLUDING, BUT NOT
LIMITED TO, INJURY, LOSS OF REVENUE, LOSS OF
GOODWILL, LOSS OF BUSINESS OPPORTUNITY,
LOSS OF DATA, AND/OR LOSS OF PROFITS,
REGARDLESS OF THE FORESEEABILITY THEREOF
OR WHETHER HTC OR ITS AFFILIATES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AND IN NO EVENT SHALL THE TOTAL LIABILITY OF
HTC OR ITS AFFILIATES EXCEED THE AMOUNT
RECEIVED FROM YOU, REGARDLESS OF THE LEGAL
THEORY UNDER WHICH THE CAUSE OF ACTION IS
BROUGHT. THE FOREGOING DOES NOT AFFECT
ANY STATUTORY RIGHTS WHICH MAY NOT BE
DISCLAIMED.