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Story: Ballmer cites 'facts' in Microsoft's battle against Linux

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Posted by: Robert Myers (Thursday 28 October 2004, 5:11 PM)

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Indemnification?

From the XP EULA:

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To
the maximum extent permitted by applicable law, in no event shall
Manufacturer or its suppliers be liable for any damages
whatsoever (including without limitation, special, incidental,
consequential, or indirect damages for personal injury, loss of
business profits, business interruption, loss of business
information, or any other pecuniary loss) arising out of the use
of or inability to use this product, even if Manufacturer has
been advised of the possibility of such damages. In any case,
Manufacturer's and its suppliers' entire liability under any
provision of this agreement shall be limited to the amount
actually paid by you for the SOFTWARE and/or Microsoft hardware.
Because some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages,
the above limitation may not apply to you.

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