8930EN_8.fm 12/17/10 2:44 pm
UCxxxxxx EN
7 x 9 inches (178 mm x 229 mm)
MA07445A008
Rev X
Device Warranties and End User License Agreement
12. Exclusion of Incidental, Consequential and Certain Other
Damages. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL MEDTRONIC OR
WIND RIVER BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR
CONFIDENTIAL OR OTHER INFORMATION, FOR
BUSINESS INTERRUPTION, FOR PERSONAL INJURY,
FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY
DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE
CARE, FOR NEGLIGENCE, AND FOR ANY OTHER
PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING
OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE MODULE, THE PROVISION OF
OR FAILURE TO PROVIDE SUPPORT SERVICES (IF ANY)
PERTAINING TO THE MODULE, OR OTHERWISE UNDER
OR IN CONNECTION WITH ANY PROVISION OF THIS
AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH
OF CONTRACT OR BREACH OF WARRANTY (IF ANY) OF
MEDTRONIC OR WIND RIVER, AND EVEN IF
MEDTRONIC OR WIND RIVER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME
STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU.
13. Limitation of Liability and Remedies. Notwithstanding any
damages that You might incur for any reason whatsoever
(including, without limitation, all damages referenced above
and all direct or general damages), the entire liability of
Medtronic and Wind River under any provision of this
Agreement and Your exclusive remedy for all of the foregoing
(except for any remedy of repair or replacement elected by
Medtronic with respect to any breach of any written warranty
provided with the Generator) shall be limited to U.S. $100.00
in total. The foregoing limitations, exclusions and disclaimers
(including Sections 11 and 12 above) shall apply to the
maximum extent permitted by applicable law, even if any
remedy fails its essential purpose.
End User License Agreement
2010-12 8930 System User Guide English
Medtronic Confidential
CRMRef_R06
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