Carrier Access Access Navigator user manual Jurisdiction and Venue

Preface

(INCLUDING NEGLIGENCE, CONTRACT AND TORT), EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE AGGREGATE LIABILITY OF LICENSOR TO LICENSEE IN RESPECT OF ANY AND ALL CAUSES OF ACTION AT ANY TIME OR TIMES ARISING OUT OF THIS LICENSE, INCLUDING WITHOUT LIMITATION ANY BREACH OF WARRANTY, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE SOFTWARE LICENSE OR PURCHASE FEE PAID PRIOR TO THE TIME WHEN SUCH CAUSE OF ACTION ARISES, REDUCED BY TWENTY PERCENT (20%) FOR EACH SUBSEQUENT YEAR, WHICH SHALL HAVE EXPIRED PRIOR TO THAT TIME.

Jurisdiction and Venue

This License shall be construed and interpreted according to the laws of the state of Colorado. Any action or proceeding arising from or relating to these License Terms shall be brought solely in the state and federal courts of Colorado, and each Party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.

1viii August 2003 Access Navigator - Release 1.8