COPYRIGHT © 2003 MERIT INDUSTRIES, INC.
Grant Of License
10.Licensor grants to you the right to use one copy of the Software on a single Megatouch™ ("Machine") accompanied by a single licensor factory authorized security key. Licen- sor reserves the right to update versions of the software and the content to the Machine as deemed appropriate by the Licensor.
Disclaimers
11.EXCEPT AS PROVIDED IN THE SECTION ENTITLED "LIMITED WARRANTY", LICENSOR MAKES NO OTHER PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EX- PRESSED OR IMPLIED, REGARDING OR RELATING TOTHE SOFTWARE OR CONTENT THEREIN OR TOANY OTHER MATERIAL FURNISHED OR PROVIDED TO YOU PURSU- ANTTOTHISAGREEMENT OR OTHERWISEAND LICENSOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITYAND FITNESS FORAPARTICULAR PURPOSE WITH RESPECTTO SAID MATERIALS OR THE USE THEREOF. TOTHE MAXI- MUM EXTENT ALLOWABLE BY LAW THE UNIFORM COMMERCIAL CODE OR OTHER UNIFORM LAWS SHALL NOTAPPLY TO THIS AGREEMENT.
Limitation on Liability
12.IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CLAIM, DEMAND OR ACTION ARISING OUT OF OR RELATING TO THE SOFTWARE, OR LICENSOR'S PERFORMANCE OR LACK THEREOF UNDER THISAGREEMENT FORANY SPECIAL, INDIRECT, INCIDEN- TAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, DEMAND OR ACTION. IN ADDITION, WITHOUT LIMITING THE FOREGOING, INALL EVENTSTHE REMEDIESAVAIL- ABLE TO YOU SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO LICENSOR FOR THE SOFTWARE.
13.IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE.
General
14.The validity and construction of this Agreement and of the rights and obligations herein shall be determined and governed by the laws of the Commonwealth of Pennsylvania, USA. Any controversy or claim arising out of or relating to this agreement shall be resolved in the appropriate venue in Pennsylvania, USA.
15.Merit, in its sole discretion, may assign this agreement or any of its rights and obliga- tions hereunder.
16.If you have any questions concerning this Agreement or wish to contact Licensor for any reason, please write: Merit Industries, Inc., 2525 State Road, Bensalem, PA 19020, USA.
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