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August 12, 2005, 1:05 am
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EXCLUSION OF LIABILITY/DAMAGES. The
following is without prejudice to any rights you may have at law
which cannot legally be excluded or restricted. You acknowledge
that no promise, representation, warranty or undertaking has been
made or given by Manufacturer and/or Microsoft Corporation (or
related company of either) to any person or company on its behalf
in relation to the profitability of or any other consequences or
benefits to be obtained from the delivery or use of the SOFTWARE
and any accompanying Microsoft hardware, software, manuals or
written materials. You have relied upon your own skill and
judgement in deciding to acquire the SOFTWARE and any
accompanying hardware, manuals and written materials for use by
you. Except as and to the extent provided in this agreement,
neither Manufacturer and/or Microsoft Corporation (or related
company of either) will in any circumstances be liable for any
other damages whatsoever (including, without limitation, damages
for loss of business, business interruption, loss of business
information or other indirect or consequential loss) arising out
of the use or inability to use or supply or non-supply of the
SOFTWARE and any accompanying hardware and written materials.
Manufacturer's and/or Microsoft Corporation (or related company
of either) total liability under any provision of this agreement
is in any case limited to the amount actually paid by you for the
SOFTWARE and/or Microsoft hardware.
I take bets on who wins if the case goes to court.
"Virtue is in the middle," said the devil, as he sat down between two
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