Warranty: For a period of 12 months from date of shipment, DURECT warrants that the ALZET® Osmotic Pump (“Product”) is free from defects in materials and workmanship, and will, on average, deliver its contents at the rate and within the period indicated when used in accordance with the written instructions delivered with such Product. The sole and exclusive remedy for any breach of warranty shall be the replacement, at no cost to the customer, of those units of Product which have been shown to DURECT’s reasonable satisfaction to have been defective. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXCLUDED. IN NO EVENT SHALL DURECT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY. DURECT’S LIABILITY WITH RESPECT TO THE PRODUCT SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR THE PURCHASE OF THE PRODUCT GIVING RISE TO SUCH LIABILITY.