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IN NO EVENT SHALL RUSTYRECON OR its affiliates, subsidiaries OR distribution partners and their respective officers, directors, employees and/OR agents BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, LOST BUSINESS, BUSINESS INTERRUPTION OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM THE PERFORMANCE UNDER OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THESE PUBLISHER TERMS. UNDER NO CIRCUMSTANCES SHALL RUSTYRECON BE LIABLE FOR DAMAGES IN EXCESS OF AMOUNTS PAID OR PAYABLE TO YOU HEREUNDER.
SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, RUSTYRECON'S AND ITS SUPPLIERS' AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Thursday, December 3, 2009
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