36 Warranty and Support
ware updates to increase the capabilities of the present Product are not to
be provided under the terms of this warranty. Updates will be available for
free download on www.heka.com.
No sales organizations, other than HEKA itself, are authorized to make
any warranties other than those described above, or to extend the duration
of any warranties beyond the time period described above on the behalf
of HEKA. If HEKA agrees to such a modification of this warranty, HEKA
will furnish a modified copy of this agreement which must be presented if
a claim is being made under these modified terms.
6.2 Limitation of Liability
Title, risk of loss or damage, and other incidents of ownership shall pass to
the customer upon due tender of goods.
HEKA shall not be liable for delays in delivery or failure to perform due
directly or indirectly to (i) causes beyond HEKAs reasonable control, (ii)
acts of God, acts (including failure to act) of any governmental authority
(de jure or de facto), wars (declared or undeclared), governmental priorities, port congestion, riots, terrorism, revolutions, fires, flo ods, sabotage,
nuclear incidents, earthquakes, storms, epidemics, or (iii) inabilities, due to
causes beyond HEKA’s reasonable control, to obtain necessary labor, materials, components, facilities, energy, fuel, transportation, governmental
authorizations or instructions, material or information required from the
customer.
Not withstanding any other provisions, the total limitations of HEKA,
including its subcontractors or suppliers, on any and all claims, whether in
contract, warranty, or otherwise, arising out of, connected with, or resulting
from the performance or non-performance of any agreement resulting here
from or from the manufacture, sale, delivery, resale, repair, replacement or
use of any equipment or the furnishing of any service, shall not exceed the
price allocable to the Product or service which gives rise to the claim. Any
such liability shall terminate upon the expiration of the warranty period
(one year from the shipping date of invoice), except as to title.
Not withstanding any other provisions, in no event, whether as a result of
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