Anything to the contrary herein notwithstanding, under no circumstances shall VXL, its successors, assigns, officers, directors, employees and agents, under any legal theory, tort, contract or otherwise, be liable in any way for damages hereunder, including, but not limited to, any loss or inaccuracy of data, business loss or profits, or any other direct or indirect, special, incidental, punitive, exemplary, or consequential damages arising from the use of the product covered by this warranty.