Laserfiche WebLink
<br />21.5 Notes to <br />Carve-outs <br /> <br />l~. . <br /> <br />GENERAL PROVISIONS <br /> <br />Note / The Claim-Defense and Infringement.Remedies obligations set forth in Sections 19 and 20 <br />shall be deemed "direct damages" and as such will not be limited by the remedy exclusions or <br />monetary cap of Sections 21.2 and 21.3. The previous sentence, however, shall not be deemed to <br />imply that remedies such as indirect, special, consequential, or incidental damages are available <br />other than as expressly set forth in Sections 19 and 20 or where by law the same cannot be excluded. <br /> <br />Note 2 The remedy limitations and monetary cap of Sections 21.2 and 21.3 do apply to the extent <br />that the tangible personal property in question is an information-storage medium and the injury is to <br />information stored in such medium (including, for example, computer programs) without other dam- <br />age to such medium. <br /> <br />Note 3 To be exempt from the monetary cap of Section 21.4, such direct damages must be shown <br />to have been caused by the negligence or willful misconduct ofa party or its personnel <br /> <br />BINOVIEW CUSTOMER AGREEMENT 95-3172 <br /> <br />(Continued on ne.xt page) <br /> <br />PAGE 27 <br />