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License Agreement
5. Warranty Disclaimer. For a period of ninety (90) days, following
Licensee’s receipt thereof, Company warrants that the Software will
substantially conform to Company’s published specifications therefore,
Licensee expressly acknowledges and agrees that, except as expressly
set forth above, the Software is provided “AS-IS” and that use of the
Software is at Licensee’s sole risk.
LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. LICENSOR DOES NOT
WARRANT THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIRE-
MENTS, OR THAT OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
SOFTWARE WILL BE CORRECTED. SOME STATES DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES.
6. LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES, INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE, SHALL LICENSOR BE LIABLE FOR
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR
TECHNOLOGY, OR FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUEN-
TIAL DAMAGES RESULTING FROM THE USE, OR INABILITY TO USE THE
SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBIL-
ITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY UNDER
THIS AGREEMENT FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION ((WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE)) EXCEED THE AMOUNT OF LICENSE FEES PAID TO
LICENSOR HEREUNDER. THIS SECTION 6 DOES NOT LIMIT LIABILITY
FOR DEATH OR BODILY INJURY OF A PERSON.
7. General. This Agreement may not be assigned or amended except with
Licensor’s prior written consent. No failure to exercise any right hereunder
will operate as a waiver thereof. If any provision of this Agreement shall be
adjudged by any court of competent jurisdiction to be unenforceable or
invalid, that provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement shall otherwise remain in full force and
effect and enforceable. This Agreement shall be construed pursuant to the
laws of the State of California and the United States without regard to
conflicts of laws provisions thereof and without regard to the United
Nations Convention on Contracts for the International Sale of Goods.
Licensee shall not export or remove the Software or any portion or direct
product thereof from the country in which Licensee received delivery of the
Software from Company. The sole jurisdiction and venue for actions
related to the subject
License Agreement