responsible for any transportation costs, unless expressly authorized in writing by Seller. This warranty does not cover damage to the Product resulting from accident, disaster, misuse, negligence, improper maintenance, or modification or repair of the Product other than by Seller. Any Products or software replaced by Seller will become the property of Seller.
REMEDIES AND EXCLUSIONS. THE SOLE LIABILITY OF SELLER AND BUYER’S SOLE REMEDY FOR BREACH OF THESE WARRANTIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCTS OR CORRECTION OF THAT PART OF THE SOFTWARE, WHICH FAILS TO CONFORM TO THESE WARRANTIES. EXCEPT AS EXPRESSLY STATED HEREIN, AND EXCEPT AS TO TITLE, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IN CONNECTION WITH OR ARISING OUT OF ANY PRODUCT OR SOFTWARE PROVIDED TO BUYER.
IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THESE WARRANTIES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS, LOSS OF DATA, USE OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability: NEITHER INTERPHASE NOR ITS LICENSORS SHALL BE LIABLE FOR ANY GENERAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Confidentiality: The Software is copyrighted and contains proprietary and confidential trade secret information of Interphase and its vendors. Licensee agrees to maintain the Software in confidence and not to disclose the Software to any third party without the express written consent of Interphase. Licensee further agrees to take all reasonable precautions to prevent access to the Software by unauthorized persons.
Termination: Without prejudice to any other rights, Interphase may terminate this Agreement if you fail to comply with any term or condition of the Agreement. In such event you must destroy the Software together with all copies, updates, or modifications thereof.
Export: You agree to comply with all export and
U.S. Government Restricted Rights: Use, duplication, or disclosure of the Software to or by the U.S. Government is subject to restrictions as set forth in the applicable U.S. federal procurement regulations covering commercial/restricted rights software. You are responsible for complying with the notice requirements contained in such regulations.
General: You acknowledge that you have read and understand this Agreement, and by installing and using the Software you agree to be bound by the terms and conditions herein. You further agree that this is the complete and exclusive Agreement between Interphase and yourself. No variation of the terms of this Agreement or any different terms will be enforceable against Interphase unless agreed to in writing by Interphase and yourself. The validity of this Agreement and the rights, obligations, and relations of the parties hereunder shall be determined under the substantive laws of the State of Texas. If