AFFC08-22-100-SVD-T Footprints and Models

AFFC08-22-100-SVD-T

Assmann WSW Components

FFC / FPC

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6. Limitation of Liability. IN NO EVENT SHALL DIGIKEY BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES AS A RESULT OF LOST DATA OR LOSS OF ACCESS TO OR USE OF A MODEL), REGARDLESS OF THE LEGAL THEORY ASSERTED (WHETHER IN TORT, CONTRACT, OR OTHERWISE) AND REGARDLESS OF WHETHER DIGIKEY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES OR WARRANTIES, SO SOME OF THE DISCLAIMERS AND LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, DIGIKEY'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

7. Termination. DigiKey may immediately terminate this Agreement or your access to Models for any or no reason, with or without notice. The provisions of this Agreement relating to intellectual property, representations and warranties, disclaimers, limitations on liability, and indemnification, and any other provisions of this Agreement where context so indicates, shall survive termination of this Agreement.

8. Miscellaneous. Other than as expressly set forth in this Agreement, this Agreement sets forth the entire agreement and understanding between the parties regarding its subject matter and supersedes any prior understanding or agreements, whether written or oral, regarding the same subject matter. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect. This Agreement shall in all respects be governed by and interpreted, construed, and enforced in accordance with the laws of the United States of America and the State of Minnesota, without regard to that State's conflict of law provisions. This Agreement shall not be governed by or interpreted in accordance with the Uniform Computer Information Transactions Act (UCITA), the application of which is expressly excluded. Any dispute arising out of this Agreement will be venued in a state or federal court situated in Minneapolis, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose. The failure of DigiKey to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DigiKey in writing.

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AFFC08-22-100-SVD-T

Assmann WSW Components

FFC / FPC

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