Limitation of Liability
AEONTAC Nightvision will not be liable for any claims, actions, suits, proceedings, costs, expenses, damages or liabilities arising out of the use of any AEONTAC Nightvision product. Operation and use of products are the sole responsibility of the Customer. AEONTAC Nightvision. Exclusive undertaking is limited to providing the products and services outlined herein in accordance with the terms and conditions of this Agreement. The stipulation of products sold and services performed by AEONTAC Nightvision to the customer shall not be interpreted, construed, or regarded, either expressly or implied, as being for the benefit of or creating any obligation toward any third party or legal entity outside AEONTAC Nightvision and the customer; AEONTAC Nightvision obligations under this agreement extend solely to the customer. AEONTAC Nightvision liability here under for damages, regardless of the form of action, shall not exceed the fees or other charges paid to AEONTAC Nightvision by the customer or customer’s dealer. AEONTAC Nightvision shall not, in any event, be liable for special, indirect, incidental, or consequential damages, including, but not limited to, lost income, lost revenue, or lost profit, whether such damages were foreseeable or not at the time of purchase, and whether such damages arise out of a breach of warranty, a breach of agreement, negligence, strict liability or any other theory of liability.