Warranty Support
AtlantaSky will provide warranty support for a period of 2 months from date of acceptance for the application.Warranty is limited to fixing defects found during this period. The scope of warranty will not cover any enhancements, requests for modifications etc. AtlantaSky warranty service obligations provided herein shall not apply to any claimed nonconformity caused by (a) the malfunction or improper use of any hardware or software not provided by AtlantaSky, (b) Customer’s negligence, fault or improper use of a Deliverable, or (c) modifications to or changes in a Deliverable not made by AtlantaSky.
Limitation on Liability
Each party's liability, whether in contract, tort, or otherwise, arising out of or in connection with this Agreement shall not exceed the lesser of a) actual damages or loss assessed by the arbitrator or any other dispute resolution mechanism adopted by the parties under this Agreement or b) the total amount paid to AtlantaSky by Customer for Services during the preceding twelve (12) months.
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES BY ANYONE, NOR SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, TORT OR OTHER DAMAGES, HOWEVER CAUSED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR OF ANY OTHER OBLIGATIONS RELATING TO THIS AGREEMENT, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Termination
Either party has the right to terminate this Agreement if the other breaches or is in default of any obligation hereunder which default is incapable of cure or which, being capable of cure, has not been cured within thirty (30) calendar days after receipt of notice of such default (or such additional cure period as the non-defaulting party may authorize).