License Agreement
5.Warranty Disclaimer. For a period of ninety (90) days, following Licensee’s receipt thereof, Company warrants that the Software will substantially conform to Company’s published specifications therefore, Licensee expressly acknowledges and agrees that, except as expressly set forth above, the Software is provided
LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
6.LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUTLIMITATION, NEGLIGENCE, SHALL LICENSOR BE LIABLE FOR THE COST OF PROCUREMENTOF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR FORANY INCIDENTAL, SPECIAL, OR CONSEQUEN- TIAL DAMAGES RESULTING FROM THE USE, OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEENADVISED OF THE POSSIBIL- ITY OF SUCH DAMAGES. SOME STATES DO NOTALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENTSHALL LICENSOR’S TOTAL LIABILITY UNDER THIS AGREEMENT FOR ALL DAMAGES, LOSSES,AND CAUSES OF ACTION ((WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE)) EXCEED THE AMOUNT OF LICENSE FEES PAID TO LICENSOR HEREUNDER. THIS SECTION 6 DOES NOT LIMITLIABILITY FOR DEATH OR BODILY INJURY OF A PERSON.
7.General. This Agreement may not be assigned or amended except with Licensor’s prior written consent. No failure to exercise any right hereunder will operate as a waiver thereof. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement shall be construed pursuant to the laws of the State of California and the United States without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. Licensee shall not export or remove the Software or any portion or direct product thereof from the country in which Licensee received delivery of the Software from Company. The sole jurisdiction and venue for actions related to the subject
*Trademark | License Agreement 67 |