definiens: means any cause of action arising by reason of or in connection with this Agreement, or the sale, importation, distribution, purchase, delivery or use of the Product, regardless of whether such claim is based on tort law, breach of contract, breach of warranty or any other legal or equitable theory . Under no circumstances shall [COMPANY] be liable for loss of use, lost profits or any other collateral, special, consequential, punitive or other damages, losses, or expenses in connection with or by reason of any Claim . Any lawsuit asserting any Claim by Distributor against [COMPANY] must be brought within one ( 1 ) year and one ( 1 ) day after shipment of the alleged non - conforming the Product to Distributor or such Claim shall be forever barred ; provided, that such one ( 1 ) year and one ( 1 ) day period shall not apply to latent defects which could not be discovered in such period