Schleifenbauer Products Service Tool (SPST) Limited Warranty and Disclaimer a. Limited warranty. Schleifenbauer warrants that SPST will substantially conform to the applicable Documentation for the longer of (i) ninety (90) days following the date SPST is made available to You for your Use. This warranty does not apply if SPST, Schleifenbauer product or any other equipment upon which SPST is authorized to be used: (i) has been altered, except by Schleifenbauer or its authorized representative, (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Schleifenbauer, (iii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; Schleifenbauer will use commercially reasonable efforts to deliver to You Software free from any viruses or programs, designed to modify, delete, damage or disable SPST or Your data. b. Disclaimer. Except as expressly set forth above, Schleifenbauer and its licensors provide Software “as is” and expressly disclaim all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement. Schleifenbauer does not warrant that SPST will operate uninterrupted or error-free or that all errors will be corrected. In addition, Schleifenbauer does not warrant that SPST or any equipment, system or network on which SPST is used will be free of vulnerability to intrusion or attack. c. Limitations and exclusions of liability. In no event will Schleifenbauer or its licensors be liable for the following, regardless of the theory of liability or whether arising out of the use or inability to use SPST or otherwise, even if a party been advised of the possibility of such damages: (a) indirect, incidental, exemplary, special or consequential damages; (b) loss or corruption of data or interrupted or loss of business; or (c) loss of revenue, profits, goodwill or anticipated sales or savings. All liability of Schleifenbauer, its affiliates, officers, directors, employees, agents, suppliers and licensors collectively, to You, whether based in warranty, contract, tort (including negligence), or otherwise, shall not exceed the license fees paid by You to any Approved Source for SPST that gave rise to the claim. This limitation of liability for Software is cumulative and not per incident. Nothing in this Agreement limits or excludes any liability that cannot be limited or excluded under applicable law.