THIRD-PARTY SOFTWARE AND SERVICE RELEASE AND DISCLAIMER
SERVICES OR MALFUNCTION OF THE SOFTWARE, EVEN IF BELKIN OR ANY OTHER PERSON HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
III.RELEASE. IN CONSIDERATION OF YOUR RECEIPT AND USE OF THE SOFTWARE YOU HEREBY FOREVER GENERALLY AND COMPLETELY RELEASE AND DISCHARGE BELKIN AND ITS RESPECTIVE SERVANTS, AGENTS, DIRECTORS, OFFICERS, SUCCESSORS, ASSIGNS, EMPLOYEES, PARENT CORPORATIONS, SUBSIDIARY CORPORATIONS, AFFILIATES, CONSULTANTS, ATTORNEYS, REPRESENTATIVES, INSURERS, AND ALL OTHERS, OF AND FROM ANY AND ALL CLAIMS AND DEMANDS OF EVERY KIND AND NATURE AT LAW, IN EQUITY OR OTHERWISE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, FOR DAMAGES ACTUAL AND CONSEQUENTIAL, PAST, PRESENT AND FUTURE ARISING FROM OR RELATED TO THE SOFTWARE.
IV. INVALIDITY OF PROVISIONS. If any provision of this Agreement shall be or become invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not be affected thereby.
V. GENERAL PROVISIONS. This Agreement shall bind the heirs, personal representatives, successors and assigns of each party, and inure to the benefit of each party, and all servants, agents, directors, officers, successors, assigns, employees, parent corporations, subsidiary corporations, affiliates, consultants, attorneys, and insurers thereof. This Agreement shall be deemed entered into in the State of California. This Agreement and the rights and obligations of the parties hereunder shall be governed by, and construed in accordance with, the laws of the State of California without regard to conflicts of laws principles. In addition, this Agreement will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA), even if that law has been adopted in California, and the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded. Each party to this Agreement irrevocably (a) submits to the exclusive jurisdiction of any state or federal court located in Los Angeles County, California in litigating any action or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby, and (b) agrees that any such action or proceeding may be litigated only in such courts. Each party to this Agreement waives, to the fullest extent permitted by law, the defenses of lack of personal
15