ADIC Version 5.0 manual Correspon- dence Disclaimer Limitation Liability, Adic

Installing VolServ

Correspon- dence

Disclaimer &

Limitation of

Liability

This License may be terminated by ADIC if the Licensee:

•terminates or suspends its business;

•becomes subject to any bankruptcy or insolvency proceeding under governmental statute or

•becomes insolvent or becomes subject to direct control by a trustee, receiver or similar authority.

If this License is terminated by ADIC, ADIC shall have the right to take immediate possession of the Software, Documentation and all copies wherever located, without demand or notice.

Termination of this License shall be in addition to and not in lieu of any equitable remedies available to ADIC.

All notices and correspondence sent by either party to the other in all matters shall be sent to the following addresses, except as otherwise advised in writing:

ADIC

Attn: Manager of Contracts

10949 East Peakview Avenue

Englewood, Colorado 80111 USA

THE LICENSEE SHALL HAVE THE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF ITS DATA USED IN CONNECTION WITH THE SOFTWARE. IN NO EVENT WILL ADIC BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM THE LOSS OF USE, DATA OR PROFITS, RERUN TIME, INACCURATE INPUT OR WORK DELAYS, OR ANY PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE OR THE USE, PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE, WHETHER IN ACTION, IN CONTRACT, OR TORT INCLUDING NEGLIGENCE, EVEN IF ADIC KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADIC’s LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID BY LICENSEE UNDER THIS LICENSE.

xii License Agreement