172 H-ClassWith respect to a defect in hardware covered by the warranty, the warranty shall continuein effect until the end of the original warranty period, or for sixty (60) days after the repairor replacement, whichever is later.General Warranty ProvisionsDatamax makes no warranty as to the design, capability, capacity or suitability of any of itshardware, supplies, or software.Software is licensed on an “as is” basis without warranty. Except and to the extentexpressly provided in this warranty and in lieu of all other warranties, there are nowarranties, expressed or implied, including, but not limited to, any warranties ofmerchantability or fitness for a particular purpose.Purchaser shall be solely responsible for the selection, use, efficiency and suitability ofDatamax’s products.Limitation of LiabilityIn no event shall Datamax be liable to the purchaser for any indirect, special orconsequential damages or lost profits arising out of or relating to Datamax’s products, orthe performance or a breach thereof, even if Datamax has been advised of the possibilitythereof. Datamax’s liability, if any, to the purchaser or to the customer of the purchaserhereunder shall in no event exceed the total amounts paid to Datamax hereunder by thepurchaser for a defective product.In no event shall Datamax be liable to the purchaser for any damages resulting from orrelated to any failure or delay of Datamax in the delivery or installation of the computerhardware, supplies or software or in the performance of any services.Some states do not permit the exclusion of incidental or consequential damages, and inthose states the foregoing limitations may not apply. The warranties here give you specificlegal rights, and you may have other legal rights which vary from state to state.