ADIC SNMS 2.3 manual Disclaimer and Limitation of Liability

SNMS

d.Termination upon Insolvency. This License may be terminated by ADIC if the Licensee (i) terminates or indefinitely suspends its business; (ii) becomes subject to any bankruptcy or insolvency proceeding under governmental statute; or (iii) becomes insolvent or becomes subject to direct control by a trustee, receiver or similar authority.

e.Remedies upon Termination. If this License is terminated by ADIC, ADIC will have the right to take immediate possession of the Software, Documentation, and all copies wherever located, without demand or notice. Termination of this License is in addition to and not in lieu of any equitable or legal remedies available to ADIC.

Notices and Correspondence

All notices and correspondence sent by one party to the other in all matters will be sent to the addresses listed in the initial paragraph hereof, except as otherwise requested in writing.

DISCLAIMER AND LIMITATION OF LIABILITY

THE LICENSEE HAS THE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACK-UP OF ITS DATA USED IN CONNECTION WITH THE SOFTWARE. IN NO EVENT WILL ADIC BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL 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 WILL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID BY LICENSEE UNDER THIS LICENSE.

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