IBM Computer, Laptops and Servers

g>. limitations of liability . IN NO EVENT WILL OQO'S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO OQO BY YOU FOR THE PRODUCT GIVING RISE TO THE LIABILITY. IN NO EVENT WILL OQO BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, PROFITS, BODILY INJURY OR DEATH) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT OQO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS AND CONDITIONS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. governing law . These Terms and Conditions will be governed and construed in accordance with the laws of the State of California, excluding its conflicts of laws rules and principles. arbitration . You may not assign or transfer these Terms and Conditions without OQO's express prior written consent and any attempt to do so, without such consent, will be null and of no effect. OQO may reference Customer by trade name and trademark in marketing materials and web site. Marketing copy will be provided to Customer for timely approval within 2-3 weeks of receipt. The failure by OQO to enforce any provision of these Terms and Conditions will not constitute a waiver of future enforcement of that or any other provision. If a court of competent jurisdiction finds any provision of these Terms and Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms and Conditions will remain in full force and effect. These Terms and Conditions constitute the complete and exclusive agreement between OQO and you regarding its subject matter and supersedes all prior or contemporaneous agreements, communications or understandings, whether written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of these Terms and Conditions will be effective only if in writing and signed by duly authorized representatives of each party. u.s. government purchaser . To the extent that the Products are provided to the United States government, all software contained therein is "commercial software". Any use, duplication, or disclosure of the software by the U.S. government is subject to the restrictions as set forth in these Terms and Conditions or in any OQO license agreement accompanying the software and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 19, or FAR 52.227-14 (ALT III), as applicable. Manufacturer is OQO, Inc. privacy policy Effective October 11, 2004, this statement discloses the information practices for the OQO website, including what type of information is gathered and tracked, how the information is used, and with whom the information may be shared. user information required to process your registration . We require certain information to allow us to process your registration with the OQO website. This includes your username, password, and email address. This information allows us to process your registration and to send you a confirmation by email. If you request email contact through monebaggasse