a. You acknowledge that if you breach any of these terms, Ingram Micro or its affiliate may suffer or incur losses and damages arising from your breach. As such you agree to defend, indemnify, and hold harmless Ingram Micro and its affiliates from and against any and all claims, liabilities, losses, damages, costs or expenses of any kind (including reasonable attorneys’ fees and disbursements) suffered or incurred by Ingram Micro and its affiliates as a result of or arising out of any breach of these terms by you.
b. Ingram Micro will not be liable for failure or delay in performing its obligations for reasons outside Ingram Micro’s reasonable control or as a result of its compliance with law.
c. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INGRAM MICRO BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, INCIDENTAL OR EXEMPLARY DAMAGES, OR LOSS OF OPPORTUNITY, PROFIT OR BUSINESS, EVEN IF INGRAM MICRO HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF THIS AGREEMENT FAILS IN ITS ESSENTIAL PURPOSE, IN NO EVENT WILL INGRAM MICRO’S CUMULATIVE LIABILITY TO YOU (IN TORT (INCLUDING NEGLIGENCE), CONTRACT, WARRANTY, INFRINGEMENT, UNDER STATUTE OR OTHERWISE) EXCEED THE TRADEIN VALUE PAID BY INGRAM MICRO FOR YOUR DEVICE. THIS SECTION IS NOT INTENDED TO EXCLUDE OR LIMIT INGRAM MICRO’S LIABILITY FOR ANYTHING THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. THIS SECTION IS ALSO NOT INTENDED TO EXCLUDE OR LIMIT ANY RIGHTS YOU MAY HAVE UNDER LAW.