INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY:
EACH USER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS GENERAL ELECTRIC COMPANY, AND ITS SUBSIDIARIES AND AFFILIATES ("GE") AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS, FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS, AND LIABILITIES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF THAT USER'S ACTS OR OMISSIONS, INCLUDING CLAIMS ARISING OUT OF THAT USER'S USE OF THE GE DICOM VALIDATOR.
EACH USER'S USE OF THE (RESULTS PROVIDED BY THE) GE DICOM VALIDATOR IS AT HIS OR HER SOLE RISK. THE GE DICOM VALIDATOR AND THE RESULTS OBTAINED WITH IT, ARE PROVIDED ON AN "AS IS" BASIS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM AND/OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE GE DICOM VALIDATOR AND THE RESULTS OBTAINED WITH IT. GE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, GE MAKES NO WARRANTY THAT (I) THE GE DICOM VALIDATOR AND THE RESULTS OBTAINED WITH IT WILL MEET YOUR REQUIREMENTS, (II) ANY USER ACCESS TO THE GE DICOM VALIDATOR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE QUALITY OF ANY CONTENT, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
EXCLUDING ONLY (I) DAMAGES ARISING OUT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR (II) ANY DAMAGES THAT CANNOT VALIDLY BE EXCLUDED UNDER APPLICABLE LAW, GE SHALL NOT BE LIABLE FOR ANY:
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE (OR INABILITY TO USE) THE GE DICOM VALIDATOR AND THE RESULTS OBTAINED WITH IT; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR TOOLS; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR ANY OTHER MATTER RELATING TO THE GE DICOM VALIDATOR.
IN NO EVENT SHALL GE'S TOTAL AGGREGATE LIABILITY TO ANY USER OR 3RD PARTY RELATED TO THE GE DICOM VALIDATOR AND THE RESULTS OBTAINED WITH IT EXCEED $1,000.00.