VIII. LIMITATION ON WARRANTY AND LIABILITY
TEZ warrants that the TEZ Services will operate in substantial conformance with written performance-related materials provided by TEZ to Customer under normal use and service for the duration of the agreement. However, the sole obligation of TEZ and the sole remedy of Customer under this warranty is for TEZ to use commercially reasonable efforts to either correct the defect or provide a suitable “bug fix” or “work around”. Corrected TEZ Services, or any equipment upgrades, will be warranted as provided above for any remaining term or until termination of the signed agreement.
TEZ warrants that the Equipment will be free from defects in material and workmanship under normal use and service for the duration of the signed agreement. The sole obligation of TEZ and the sole remedy of Customer under this warranty are for TEZ, at its election, to either repair the defect or replace the defective Equipment subject to availability. TEZ, prior to return of the equipment, must approve a defect claim in TEZ’s sole discretion. Customer is responsible for removing defective Equipment, shipping defective Equipment to TEZ or a designated TEZ agent, and installing replacement Equipment. Any replacement Equipment will be new or like new. Equipment that is replaced is the property of TEZ. Repaired or replaced Equipment will be warranted as provided above for the balance of the duration of the signed agreement.
EXCEPT AS OTHERWISE STATED HEREIN, SERVICES AND EQUIPMENT, ACCESS TO THE NETWORK, COMMUNICATION SERVICES ARE PROVIDED “AS IS” AND WHERE IS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. TEZ DISCLAIMS ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE SERVICES, LICENSED SOFTWARE AND EQUIPMENT, ACCESS TO THE NETWORK, COMMUNICATION SERVICES OR ANY PART THEREOF, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT TEZ KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. IN ADDITION, TEZ EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN LICENSEE AS PROVIDED HEREIN WITH RESPECT TO THE SERVICES, LICENSED SOFTWARE, EQUIPMENT OR ANY PART THEREOF. FURTHER LIMITATIONS ON LIABILITY AND DAMAGES INCLUDE BUT ARE NOT LIMITED TO:
- IN NO EVENT WILL TEZ BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR COMMUNICATION OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN NO EVENT WILL TEZ LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNT FEES PAID OR PAYABLE TO TEZ PURSUANT TO THIS AGREEMENT IN THE TWO MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
- IN NO EVENT WILL TEZ BE LIABILE TO CUSTOMER FOR ANY LOSS OR DAMAGE CAUSED BY ANY THIRD PARTY SERVICES OR EQUIPMENT THAT ARE PART OF, MAKE UP OR INCIDENTAL TO TEZ SERVICES.