Common use of Limitation of Warranties and Liability Clause in Contracts

Limitation of Warranties and Liability. The Licensor warrants solely that for a period of thirty (30) days from the initial shipment by Licensor or download by Customer of the Work, the Work as delivered or downloaded shall materially function as described in the accompanying documentation. This warranty does not apply insofar as: (a) the Work is subjected to misuse, neglect, accident, or exposure to external conditions other than those specified in the Documentation; (b) in relation to claims resulting from acts or omissions caused by persons other than the Licensor or from products, material or software not provided by the Licensor; (c) using a version of the Work which does not include all updates available from the Licensor or; (d) the Work is modified. In the event of a breach of warranty, the Licensor’s sole responsibility and the Customer’s sole and exclusive remedy is, at the Licensor's discretion, to repair or replace all or any parts of the Work. This limited warranty is valid only if a written notice of breach of warranty is received by the Licensor within ten days after the end of the thirty-day warranty period. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 6, THE LICENSOR SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR THE WORK, INCLUDING ANY LIABILITY CAUSED BY NEGLIGENCE. THE LICENSOR MAKES AND THE CUSTOMER RECEIVES NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER CONTAINED IN ANY OTHER PROVISION OF THIS AGREEMENT OR IN ANY OTHER COMMUNICATION. THE LICENSOR SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACQUISITION TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PERSONS BY THE WORK. THE CUSTOMER MAY HAVE CERTAIN STATUTORY RIGHTS TO WHICH THESE EXCLUSIONS DO NOT APPLY, HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORY WARRANTIES, IF ANY, SHALL BE LIMITED TO THE WARRANTY PERIOD SET FORTH IN ART. 5. MOREOVER, IN NO EVENT SHALL WARRANTIES PRESCRIBED BY LAW, IF ANY, APPLY, UNLESS THEY ARE REQUIRED TO APPLY BY A STATUTE NOTWITHSTANDING THEIR EXCLUSION BY A CONTRACT. NO DEALER, AGENT OR EMPLOYEE OF THE LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS LIMITED WARRANTY. THE CUMULATIVE LIABILITY OF THE LICENSOR TO THE CUSTOMER FOR ALL CLAIMS RELATING TO THE WORK, IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL LICENSE FEES PAID TO LICENSOR BY THE CUSTOMER FOR THE WORK. THE CONTRACTUAL PARTIES HAVE AGREED THAT THE TOTAL AMOUNT OF COMPENSATION PAID TO THE CUSTOMER FOR ANY DAMAGE SUFFERED AS A RESULT OF A PARTICULAR FAULT OF THE WORK SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER TO THE LICENSOR AS LICENCE FEE. IN CONSIDERATION OF ALL CIRCUMSTANCES CONNECTED TO THE CONCLUSION HEREOF THE CONTRACTUAL PARTIES HEREBY DECLARE THAT THE AGGREGATE FORESEEABLE DAMAGE INCLUDING LOST PROFIT THAT THE LICENSOR MIGHT BE REQUIRED TO PAY BY REASON OF HIS LIABILITY FOR FAULTS ON THE BASIS HEREOF SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER AS LICENCE FEE. IN NO EVENT SHALL THE LICENSOR BE LIABLE TO THE CUSTOMER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, MULTIPLE OR INCIDENTAL DAMAGE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION AND LOST DATA, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. The Customer is responsible for the selection of the Work to achieve its intended results, and for the installation, use and results obtained from the Work. The Licensor does not warrant that use of the Work will be uninterrupted or error-free, nor that program errors will be corrected. IN CASES WHERE THE APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LICENSOR'S AGGREGATE LIABILITY WITH RESPECT TO ALL CLAIMS WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of Warranties and Liability. The Licensor warrants solely that for a period of thirty (30) 90 days from the initial date of shipment by the storage medium on which the Software Product is contained will be free from defects in materials and workmanship. If such defect occurs the Licensee may return the Software Product to the Licensor or download by Customer with a description of the Work, problem and the Work as delivered defective storage media will be replaced for free or downloaded shall materially function as described in at Licensor's option the accompanying documentationLicensee will receive a full refund. This warranty does not apply insofar as: (a) remedy is the Work is subjected to misuse, neglect, accident, or exposure to external conditions other than those specified in the Documentation; (b) in relation to claims resulting from acts or omissions caused by persons other than the Licensor or from products, material or software not provided by the Licensor; (c) using a version of the Work which does not include all updates available from the Licensor or; (d) the Work is modified. In the event of a Licensee's exclusive remedy for breach of this warranty. OTHER THAN THE ABOVE-NOTED WARRANTY, the Licensor’s sole responsibility and the Customer’s sole and exclusive remedy isTHE SOFTWARE PRODUCT AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT ANY ADDITIONAL WARRANTY OF ANY KIND, at the Licensor's discretionINCLUDING, to repair or replace all or any parts of the WorkBUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW OR STATUTE. This limited warranty is valid only if a written notice of breach of warranty is received by the Licensor within ten days after the end of the thirty-day warranty periodTHE LICENSOR DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE SOFTWARE PRODUCT OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. EXCEPT THE LICENSEE ASSUMES THE ENTIRE RISK AS EXPRESSLY SET FORTH IN ARTICLE 6TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE PRODUCT. CONSEQUENTLY, THE LICENSOR SHALL NOT BE LIABLE TO THE CUSTOMER LICENSEE FOR ANY LOSS OR ANY THIRD PARTY FOR DAMAGE ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS LICENSE, THE WORKSOFTWARE PRODUCT, INCLUDING ANY LIABILITY CAUSED BY NEGLIGENCEITS USE, OR OTHERWISE. THE LICENSOR MAKES AND THE CUSTOMER RECEIVES NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER CONTAINED IN ANY OTHER PROVISION OF THIS AGREEMENT OR IN ANY OTHER COMMUNICATION. THE LICENSOR SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACQUISITION TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PERSONS BY THE WORK. THE CUSTOMER MAY HAVE CERTAIN STATUTORY RIGHTS TO WHICH THESE EXCLUSIONS DO NOT APPLY, HOWEVER, TO THE FULL MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DURATION OF STATUTORY WARRANTIESLICENSOR EXPRESSLY EXCLUDES LIABILITY FOR ANY SPECIAL, IF ANYDIRECT, SHALL BE LIMITED TO THE WARRANTY PERIOD SET FORTH INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE, WHICH MAY ARISE IN ART. 5. MOREOVER, IN NO EVENT SHALL WARRANTIES PRESCRIBED BY LAW, IF ANY, APPLY, UNLESS THEY ARE REQUIRED TO APPLY BY A STATUTE NOTWITHSTANDING THEIR EXCLUSION BY A CONTRACT. NO DEALER, AGENT OR EMPLOYEE RESPECT OF THE LICENSOR SOFTWARE PRODUCT, ITS USE OR INABILITY TO USE, THE SYSTEM ON WHICH THE SOFTWARE PRODUCT IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS LIMITED WARRANTY. THE CUMULATIVE LIABILITY OF THE LICENSOR TO THE CUSTOMER FOR ALL CLAIMS RELATING TO THE WORK, IN CONTRACT, TORT, USED OR OTHERWISE, SHALL INCLUDING BUT NOT EXCEED THE TOTAL AMOUNT OF ALL LICENSE FEES PAID TO LICENSOR BY THE CUSTOMER FOR THE WORK. THE CONTRACTUAL PARTIES HAVE AGREED THAT THE TOTAL AMOUNT OF COMPENSATION PAID TO THE CUSTOMER FOR ANY DAMAGE SUFFERED AS A RESULT OF A PARTICULAR FAULT OF THE WORK SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER TO THE LICENSOR AS LICENCE FEE. IN CONSIDERATION LOSS OF ALL CIRCUMSTANCES CONNECTED TO THE CONCLUSION HEREOF THE CONTRACTUAL PARTIES HEREBY DECLARE THAT THE AGGREGATE FORESEEABLE DAMAGE INCLUDING LOST PROFIT THAT THE LICENSOR MIGHT BE REQUIRED TO PAY BY REASON OF HIS LIABILITY FOR FAULTS ON THE BASIS HEREOF SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER AS LICENCE FEE. IN NO EVENT SHALL THE LICENSOR BE LIABLE TO THE CUSTOMER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, MULTIPLE REVENUE OR INCIDENTAL DAMAGE, INCLUDING, WITHOUT LIMITATIONPROFIT, LOST PROFITS, BUSINESS INTERRUPTION AND LOST DATAOR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. The Customer is responsible for the selection of the Work to achieve its intended results, and for the installation, use and results obtained from the Work. The Licensor does not warrant that use of the Work will be uninterrupted or error-free, nor that program errors will be corrected. IN CASES WHERE THE APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LICENSOR'S AGGREGATE LIABILITY WITH RESPECT TO ALL CLAIMS WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAWLOSS IS FORESEEABLE.

Limitation of Warranties and Liability. The Licensor Mesa warrants solely to You only that the Software and Documentation will substantially conform to published specifications for a period of thirty ninety (3090) days from the initial shipment by Licensor or download by Customer date of the Work, the Work as delivered or downloaded shall materially function as described in the accompanying documentation. This warranty does not apply insofar as: (a) the Work is subjected delivery to misuse, neglect, accident, or exposure to external conditions other than those specified in the Documentation; (b) in relation to claims resulting from acts or omissions caused by persons other than the Licensor or from products, material or software not provided by the Licensor; (c) using a version of the Work which does not include all updates available from the Licensor or; (d) the Work is modifiedYou. In the event of a breach of warrantythe software or Documentation does not substantially conform to Mesa’s published specifications, Mesa shall, as its option, modify or replace the Software or Documentation in order to conform to such specifications. If, in Mesa’s discretion, the Licensor’s sole responsibility Software or Documentation cannot be replaced or modified by the reasonable efforts of Mesa, Mesa shall terminate the Agreement and refund the Customer’s sole and exclusive remedy is, at license fee paid upon the Licensor's discretion, to repair or replace all or any parts return of the Work. This limited warranty is valid only if a written notice of breach of warranty is received by the Licensor within ten days after the end of the thirty-day warranty periodSoftware and Documentation to Mesa. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 6HEREIN, THE LICENSOR SHALL SOFTWARE AND DOCUMENTATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT BE LIABLE TO THE CUSTOMER OR LIMITED TO, ANY THIRD PARTY FOR THE WORK, INCLUDING ANY LIABILITY CAUSED BY NEGLIGENCE. THE LICENSOR MAKES AND THE CUSTOMER RECEIVES NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER CONTAINED IN ANY OTHER PROVISION WARRANTY OF THIS AGREEMENT OR IN ANY OTHER COMMUNICATION. THE LICENSOR SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACQUISITION TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PERSONS BY THE WORK. THE CUSTOMER MAY HAVE CERTAIN STATUTORY RIGHTS TO WHICH THESE EXCLUSIONS DO NOT APPLY, HOWEVER, TO THE FULL EXTENT PERMITTED OR ANY WARRANTY ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE DURATION OF STATUTORY WARRANTIES, IF ANY, SHALL BE LIMITED TO THE WARRANTY PERIOD SET FORTH IN ART. 5. MOREOVER, IN NO EVENT SHALL WARRANTIES PRESCRIBED BY LAW, IF ANY, APPLY, UNLESS THEY ARE REQUIRED TO APPLY BY A STATUTE NOTWITHSTANDING THEIR EXCLUSION BY A CONTRACT. NO DEALER, AGENT OR EMPLOYEE USE OF THE LICENSOR IS AUTHORIZED TO MAKE SOFTWARE AND MESA DISCLAIMS ALL LIABILITY FOR ANY MODIFICATIONSLOSS, EXTENSIONS INJURY OR ADDITIONS TO DAMAGE RESULTING FROM USE OF THIS LIMITED WARRANTY. THE CUMULATIVE LIABILITY PRODUCT, WHETHER DIRECT OR INDIRECT, AND WHETHER OR NOT MESA HAS BEEN ADVISED OF OR HAS KNOWLEDGE OF THE LICENSOR TO THE CUSTOMER FOR ALL CLAIMS RELATING TO THE WORKPOSSIBILITY OF SUCH LOSS, IN CONTRACT, TORT, INJURY OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL LICENSE FEES PAID TO LICENSOR BY THE CUSTOMER FOR THE WORK. THE CONTRACTUAL PARTIES HAVE AGREED THAT THE TOTAL AMOUNT OF COMPENSATION PAID TO THE CUSTOMER FOR ANY DAMAGE SUFFERED AS A RESULT OF A PARTICULAR FAULT OF THE WORK SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER TO THE LICENSOR AS LICENCE FEE. IN CONSIDERATION OF ALL CIRCUMSTANCES CONNECTED TO THE CONCLUSION HEREOF THE CONTRACTUAL PARTIES HEREBY DECLARE THAT THE AGGREGATE FORESEEABLE DAMAGE INCLUDING LOST PROFIT THAT THE LICENSOR MIGHT BE REQUIRED TO PAY BY REASON OF HIS LIABILITY FOR FAULTS ON THE BASIS HEREOF SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER AS LICENCE FEEDAMAGE. IN NO EVENT SHALL THE LICENSOR BE LIABLE MESA HAVE ANY LIABILITY TO THE CUSTOMER YOU OR ANY OTHER PERSON OR ENTITY FOR ANY CONSEQUENTIALCOMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL, MULTIPLE CONSEQUENTIAL OR INCIDENTAL DAMAGEEXEMPLARY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST PROFITS, BUSINESS INTERRUPTION AND LOST DATAOR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF THE LICENSOR HAS WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. The Customer is responsible for the selection of the Work to achieve its intended results, and for the installation, use and results obtained from the Work. The Licensor does not warrant that use of the Work will be uninterrupted or error-free, nor that program errors will be corrected. IN CASES WHERE THE APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. THE LICENSOR'S AGGREGATE LIABILITY WITH RESPECT TO ALL CLAIMS LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. Some states do not allow the exclusion of incidental or consequential damages or the limitation of duration of an implied warranty so the above limitations may not apply to You. ANY CONTENT OR MATERIAL DOWNLOADED OR UPLOADED OR OTHERWISE OBTAINED THROUGH THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE LIMITED SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM/NETWORK OR ANY LOSS OF DATA THAT MAY RESULT FROM THE MAXIMUM EXTENT PERMITTED BY LAWDOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR MATERIAL OR THE USE OF THE SOFTWARE.

Limitation of Warranties and Liability. The Licensor warrants solely that for a period of thirty (30) 90 days from the initial date of shipment by the storage medium on which the Software Product is contained will be free from defects in materials and workmanship. If such defect occurs the Licensee may return the Software Product to the Licensor or download by Customer with a description of the Work, problem and the Work as delivered defective storage media will be replaced for free or downloaded shall materially function as described in at Licensor's option the accompanying documentationLicensee will receive a full refund. This warranty does not apply insofar as: (a) remedy is the Work is subjected to misuse, neglect, accident, or exposure to external conditions other than those specified in the Documentation; (b) in relation to claims resulting from acts or omissions caused by persons other than the Licensor or from products, material or software not provided by the Licensor; (c) using a version of the Work which does not include all updates available from the Licensor or; (d) the Work is modified. In the event of a Licensee's exclusive remedy for breach of this warranty. • OTHER THAN THE ABOVE-NOTED WARRANTY, the Licensor’s sole responsibility and the Customer’s sole and exclusive remedy isTHE SOFTWARE PRODUCT AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT ANY ADDITIONAL WARRANTY OF ANY KIND, at the Licensor's discretionINCLUDING, to repair or replace all or any parts of the WorkBUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW OR STATUTE. This limited warranty is valid only if a written notice of breach of warranty is received by the Licensor within ten days after the end of the thirty-day warranty periodTHE LICENSOR DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE SOFTWARE PRODUCT OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. EXCEPT THE LICENSEE ASSUMES THE ENTIRE RISK AS EXPRESSLY SET FORTH IN ARTICLE 6TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE PRODUCT. CONSEQUENTLY, THE LICENSOR SHALL NOT BE LIABLE TO THE CUSTOMER LICENSEE FOR ANY LOSS OR ANY THIRD PARTY FOR DAMAGE ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS LICENSE, THE WORKSOFTWARE PRODUCT, INCLUDING ANY LIABILITY CAUSED BY NEGLIGENCEITS USE, OR OTHERWISE. THE LICENSOR MAKES AND THE CUSTOMER RECEIVES NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER CONTAINED IN ANY OTHER PROVISION OF THIS AGREEMENT OR IN ANY OTHER COMMUNICATION. THE LICENSOR SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACQUISITION TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PERSONS BY THE WORK. THE CUSTOMER MAY HAVE CERTAIN STATUTORY RIGHTS TO WHICH THESE EXCLUSIONS DO NOT APPLY, HOWEVER, • TO THE FULL MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DURATION OF STATUTORY WARRANTIESLICENSOR EXPRESSLY EXCLUDES LIABILITY FOR ANY SPECIAL, IF ANYDIRECT, SHALL BE LIMITED TO THE WARRANTY PERIOD SET FORTH INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE, WHICH MAY ARISE IN ART. 5. MOREOVER, IN NO EVENT SHALL WARRANTIES PRESCRIBED BY LAW, IF ANY, APPLY, UNLESS THEY ARE REQUIRED TO APPLY BY A STATUTE NOTWITHSTANDING THEIR EXCLUSION BY A CONTRACT. NO DEALER, AGENT OR EMPLOYEE RESPECT OF THE LICENSOR SOFTWARE PRODUCT, ITS USE OR INABILITY TO USE, THE SYSTEM ON WHICH THE SOFTWARE PRODUCT IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS LIMITED WARRANTY. THE CUMULATIVE LIABILITY OF THE LICENSOR TO THE CUSTOMER FOR ALL CLAIMS RELATING TO THE WORK, IN CONTRACT, TORT, USED OR OTHERWISE, SHALL INCLUDING BUT NOT EXCEED THE TOTAL AMOUNT OF ALL LICENSE FEES PAID TO LICENSOR BY THE CUSTOMER FOR THE WORK. THE CONTRACTUAL PARTIES HAVE AGREED THAT THE TOTAL AMOUNT OF COMPENSATION PAID TO THE CUSTOMER FOR ANY DAMAGE SUFFERED AS A RESULT OF A PARTICULAR FAULT OF THE WORK SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER TO THE LICENSOR AS LICENCE FEE. IN CONSIDERATION LOSS OF ALL CIRCUMSTANCES CONNECTED TO THE CONCLUSION HEREOF THE CONTRACTUAL PARTIES HEREBY DECLARE THAT THE AGGREGATE FORESEEABLE DAMAGE INCLUDING LOST PROFIT THAT THE LICENSOR MIGHT BE REQUIRED TO PAY BY REASON OF HIS LIABILITY FOR FAULTS ON THE BASIS HEREOF SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER AS LICENCE FEE. IN NO EVENT SHALL THE LICENSOR BE LIABLE TO THE CUSTOMER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, MULTIPLE REVENUE OR INCIDENTAL DAMAGE, INCLUDING, WITHOUT LIMITATIONPROFIT, LOST PROFITS, BUSINESS INTERRUPTION AND LOST DATAOR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. The Customer is responsible for the selection of the Work to achieve its intended results, and for the installation, use and results obtained from the Work. The Licensor does not warrant that use of the Work will be uninterrupted or error-free, nor that program errors will be corrected. IN CASES WHERE THE APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LICENSOR'S AGGREGATE LIABILITY WITH RESPECT TO ALL CLAIMS WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAWLOSS IS FORESEEABLE.

Limitation of Warranties and Liability. The Licensor warrants solely that for a period of thirty (30) days from the initial shipment by Licensor or download by Customer of the Work, the Work as delivered or downloaded shall materially function as described in the accompanying documentation. This warranty does not apply insofar as: (a) the Work is subjected to misuse, neglect, accident, or exposure to external conditions other than those specified in the Documentation; (b) in relation to claims resulting from acts or omissions caused by persons other than the Licensor or from products, material or software not provided by the Licensor; (c) using a version of the Work which does not include all updates available from the Licensor or; (d) the Work is modified. In the event of a breach of warranty, the Licensor’s sole responsibility and the Customer’s sole and exclusive remedy is, at the Licensor's discretion, to repair or replace all or any parts of the Work. This limited warranty is valid only if a written notice of breach of warranty is received by the Licensor within ten days after the end of the thirty-day warranty period. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 6, THE LICENSOR SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR THE WORK, INCLUDING ANY LIABILITY CAUSED BY NEGLIGENCE. THE LICENSOR MAKES AND THE CUSTOMER RECEIVES NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER CONTAINED IN ANY OTHER PROVISION OF THIS AGREEMENT OR IN ANY OTHER COMMUNICATION. THE LICENSOR SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACQUISITION TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PERSONS BY THE WORK. THE CUSTOMER MAY HAVE CERTAIN STATUTORY RIGHTS TO WHICH THESE EXCLUSIONS DO NOT APPLY, HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORY WARRANTIES, IF ANY, SHALL BE LIMITED TO THE WARRANTY PERIOD SET FORTH IN ART. 5PERIOD. MOREOVER, IN NO EVENT SHALL WARRANTIES PRESCRIBED BY LAW, IF ANY, APPLY, UNLESS THEY ARE REQUIRED TO APPLY BY A STATUTE NOTWITHSTANDING THEIR EXCLUSION BY A CONTRACT. NO DEALER, AGENT OR EMPLOYEE OF THE LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS LIMITED WARRANTY. THE CUMULATIVE LIABILITY OF THE LICENSOR TO THE CUSTOMER FOR ALL CLAIMS RELATING TO THE WORK, IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL LICENSE FEES PAID TO LICENSOR BY THE CUSTOMER FOR THE WORK. THE CONTRACTUAL PARTIES HAVE AGREED THAT THE TOTAL AMOUNT OF COMPENSATION PAID TO THE CUSTOMER FOR ANY DAMAGE SUFFERED AS A RESULT OF A PARTICULAR FAULT OF THE WORK SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER TO THE LICENSOR AS LICENCE LICENSE FEE. IN CONSIDERATION OF ALL CIRCUMSTANCES CONNECTED TO THE CONCLUSION HEREOF THE CONTRACTUAL PARTIES HEREBY DECLARE THAT THE AGGREGATE FORESEEABLE DAMAGE INCLUDING LOST PROFIT THAT THE LICENSOR MIGHT BE REQUIRED TO PAY BY REASON OF HIS LIABILITY FOR FAULTS ON THE BASIS HEREOF SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER AS LICENCE LICENSE FEE. IN NO EVENT SHALL THE LICENSOR BE LIABLE TO THE CUSTOMER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, MULTIPLE OR INCIDENTAL DAMAGE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION AND LOST DATA, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. The Customer is responsible for the selection of the Work to achieve its intended results, and for the installation, use and results obtained from the Work. The Licensor does not warrant that use of the Work will be uninterrupted or error-free, nor that program errors will be corrected. IN CASES WHERE THE APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LICENSOR'S AGGREGATE LIABILITY WITH RESPECT TO ALL CLAIMS WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.