Getting Started Guide 197 Caldera Systems shall either remedy the nonconformity or offer to refund the purchase price to Licensee upon a return of the OpenLinux Product (including all packaging, media, and documentation) to Caldera Systems. In the event of a refund, the License shall terminate. (c) Third Party Software.  Warranties, if any, applicable to Third Party Software will be the warranties made by the third party licensors in the applicable license agreements. (d) GPL Software.  Pursuant to the GNU General Public License there is no war- ranty applicable to GPL Software. 8.      Disclaimers And Limitations. (a)    Disclaimer Of Warranties.  CALDERA SYSTEMS MAKES NO WAR- RANTY, PROMISE OR REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. EXCEPT AS EXPRESSLY WARRANTED HEREIN, THE CALDERA SYSTEMS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. Caldera Systems MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THIRD PARTY SOFTWARE.  GPL SOFTWARE IS PRO- VIDED "AS IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND.  Caldera Systems DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  Caldera Systems DOES NOT WARRANT THAT ANY THE SOFTWARE WILL SATISFY LICENSEE'S REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED. THIS AGREEMENT GIVES LICENSEE SPECIFIC LEGAL RIGHTS.  LIC- ENSEE MIGHT HAVE OTHER RIGHTS, WHICH VARY FROM STATE/ JURISDICTION TO STATE/JURISDICTION. (b)    Limitation On Liability.  THE AGGREGATE LIABILITY OF Caldera Sys- tems ARISING FROM OR RELATING TO THIS AGREEMENT OR ANY OF THE SOFTWARE (REGARDLESS OF THE FORM OF ACTION OR CLAIM - E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, MALPRAC- TICE, FRAUD AND/OR OTHERWISE) SHALL NOT EXCEED THE TOTAL PAYMENT MADE BY LICENSEE TO PURCHASE THIS OpenLinux PROD- UCT.  Caldera Systems SHALL NOT IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFIT, REVENUE, DATA, OR PRO-