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PARTICULAR PURPOSE, AND (B) ANY WARRANTY THAT MOBILE CONNECTION MANAGER IS DELIVERED FREE OF ANY THIRD PARTY CLAIMS BY WAY OF INFRINGEMENT OR OTHERWISE. AIRPRIME DOES NOT WARRANT NOR MAKE ANY CONDITION OR REPRESENTATIONS THAT THE FUNCTIONS CONTAINED IN MOBILE CONNECTION MANAGER WILL MEET THE REQUIREMENTS OF THE LICENSEE, THAT THE OPERATION OF MOBILE CONNECTION MANAGER WILL BE UNINTERRUPTED OR
You acknowledge and agree that you have no rights to any upgrades, modifications, enhancements or revisions that AirPrime may make to Mobile Connection Manager. AirPrime has no obligation to provide any support of any sort.
7.NO LIABILITY. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS APPLICATION IS ASSUMED BY YOU. NEITHER WE NOR OUR AFFILIATES, DISTRIBUTORS, RESELLERS, SUPPLIERS, AGENTS, OFFICERS AND DIRECTORS SHALL HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES HOWSOEVER CAUSED INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, DAMAGES TO PROPERTY OR PERSONS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE, OR FOR CLAIMS BY ANY THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, DISTRIBUTORS, RESELLERS, SUPPLIERS, AGENTS, OFFICERS AND DIRECTORS TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR MOBILE CONNECTION MANAGER. THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH, DEFAULT, NONPERFORMANCE OR FAILURE IS A BREACH OF FUNDAMENTAL CONDITION OR TERM, OR A FUNDAMENTAL BREACH. This section shall survive the termination or expiry of this Agreement.
8.TERMINATION. This Agreement is effective until terminated. All rights granted to you under this Agreement will automatically terminate if you breach any of the terms and conditions of this Agreement. In addition, either of us may terminate this Agreement at any time upon notice to the other party, for convenience. Upon any termination of this Agreement, all licenses hereunder shall terminate, other than
9.EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export,