FIRMA. Firma represents and warrants as follows:
(a) Firma is a corporation duly organized, validly existing, and in good standing under the laws of Finland;
(b) Firma has all requisite corporate power and authority to enter into this Agreement and to carry out and perform its obligations under the terms of this Agreement including, but not limited to, the right to grant the licenses granted herein;
(c) the Firma Software does not infringe any EU or US patent existing as of the Effective Date, copyright, trademark, or other intellectual property right of any third Person;
(d) this Agreement has been duly authorized, executed, and delivered by Firma and is a valid and binding obligation of Firma enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, moratorium, and other laws of general application affecting the enforcement of creditors' rights; and
(e) the execution, delivery, and performance of and compliance with this Agreement does not and will not conflict with, or constitute a default under, or result in the creation of, any mortgage pledge, lien, encumbrance or charge upon any of the properties or assets of Firma, nor result in any violation of (i) any term of Firma's certificate of incorporation or bylaws, (ii) in any material respect, any term or provision of any mortgage, indenture, contract, agreement, instrument, judgment or decree or (iii) to the best of Firma's knowledge, any order, statute, rule or regulation applicable to Firma, the violation of which would have a material adverse effect on Firma's business or properties.
7.1 DISCLAIMER. EXCEPT AS SET FORTH IN THIS AGREEMENT, FIRMA MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE FIRMA SOFTWARE, AND HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
7.2 LIMITATION OF LIABILITY. EXCEPT FOR FIRMA'S OBLIGATIONS UNDER ARTICLE 8 BELOW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE FIRMA SOFTWARE, EVEN IF INFORMED OF THE POSSIBILITY THEREOF IN ADVANCE. EXCEPT FOR FIRMA'S OBLIGATIONS UNDER ARTICLE 8 BELOW, IN NO EVENT WILL FIRMA'S LIABILITY IN CONNECTION WITH THE FIRMA SOFTWARE OR THIS AGREEMENT EXCEED AMOUNTS PAID TO FIRMA BY BOLAG HEREUNDER. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE.
