Your sole and exclusive remedies for any damage or loss in any way connected with the Software are set forth below.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PEARSON EDUCATION BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY OTHER DAMAGES EVEN IF PEARSON EDUCATION SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. PEARSON EDUCATION'S THIRD-PARTY PROGRAM SUPPLIERS MAKE NO WARRANTY, AND HAVE NO LIABILITY WHATSOEVER, TO YOU. Pearson Education's sole and exclusive obligation and liability and your exclusive remedy shall be: upon Pearson Education's election, (i) the replacement of our defective media; or (ii) the repair or correction of your defective media if Pearson Education is able, so that it will conform to the above warranty; or (iii) if Pearson Education is unable to replace or repair, you may terminate this license by returning the Software. Only if you inform Pearson Education of your problem during the applicable warranty period will Pearson Education be obligated to honor this warranty. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY STATE OR JURISDICTION.