CORRECTED. FURTHERMORE, QUICKLOGIX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE QUICKLOGIX SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QUICKLOGIX OR AN QUICKLOGIX AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE QUICKLOGIX SOFTWARE PROVE DEFECTIVE, YOU (AND NOT QUICKLOGIX OR AN QUICKLOGIX AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING QUICKLOGIX PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY QUICKLOGIXÕS NEGLIGENCE.
5.Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL QUICKLOGIX BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall QuickLogix's total liability to you for all damages exceed the amount of fifty dollars ($50.00).
6.Export Law Assurances. You may not use or otherwise export or
7.Government End Users. If the QuickLogix Software is supplied to the United States Government, the QuickLogix Software is classified as "restricted computer software" as defined in clause 52.227-
19of the FAR. The United States Government's rights to the QuickLogix Software are as provided in clause
8.Controlling Law and Severability. If there is a local subsidiary of QuickLogix in the country in which the QuickLogix Software License was obtained, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of the United States and the State of Texas. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
9.Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the QuickLogix Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by QuickLogix.
QUICKLOGIX INTERNATIONAL LLC
Cross Roads, Texas
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