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The Purchaser must notify Bio-Rad of its claim of any defect. If the Software is found to be defective by Bio-Rad, Bio-Rad's sole obligation under this warranty is to remedy such defect in a manner consistent with Bio-Rad's regular business practices. For a defect which materially adversely affects the performance of the Software, Bio-Rad shall use commercially reasonable efforts to cure such defect as soon as reasonably practicable after receipt of Purchaser's notice, and for minor defects, Bio-Rad shall use commercially reasonable efforts to correct such minor defects in the next release of its Software. If, however, Bio-Rad is unable to cure a major defect, the Purchaser's sole remedy shall be the option to cancel this Agreement, whereupon Bio-Rad shall refund only the Software fees paid, and Bio-Rad shall have no other liability whatsoever.
The warranties set forth in this Agreement are in lieu of all other representations and warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, any warranty of non-infringement, and any other statutory or common-law warranty. Bio-Rad on its own behalf hereby expressly disclaims and excludes any and all such other representations and warranties. Liability of Bio-Rad to the Purchaser, if any, for breach of warranty, or any other claim relating to this Agreement shall in no event exceed the total amount of Software fees paid by the Purchaser to Bio-Rad. In no event shall Bio-Rad be liable for incidental or consequential damages (including but not limited to damages to any laboratory instruments, computer equipment or data arising from the use of the Software), loss of business or profits, special or indirect damages of any nature whatsoever, even if Bio-Rad has knowledge of the potential loss or damage. Bio-Rad accepts no responsibility for misuse of the Software or its data modifying capabilities.