re-export the SOFTWARE (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to, Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the SOFTWARE back to such country; (ii) to any person or entity whom you know or have reason to know will utilize the SOFTWARE in the design, development, or production of nuclear, chemical, or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.
8.WARRANTY. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY AGAINST LATENT DEFECTS. NAVINI DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHICH SOFTWARE BEST SUITS YOUR NEEDS, FOR INSTALLING THE SOFTWARE, AND FOR RESULTS OBTAINED. YOU HAVE THE SOLE RESPONSIBILITY FOR INSPECTING AND TESTING THE SOFTWARE TO YOUR SATISFACTION BEFORE USING THEM WITH IMPORTANT DATA OR WITH YOUR COMPUTER. NAVINI MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER REGARDING ANY GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES PURSUANT TO YOUR USE OF THE SOFTWARE AND NAVINI SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF, EITHER DIRECTLY OR INDIRECTLY, THE ACTIONS OR INACTIONS OF SUCH THIRD PARTY. IN NO EVENT SHALL NAVINI NETWORKS, INC. OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR LICENSING OF THE SOFTWARE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, GENERAL, PUNITIVE, EXEMPLARY, AGGRAVATED, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, WHETHER FORESEEABLE OR UNFORESEEABLE, OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS; UNANTICIPATED BENEFITS OR REVENUE; ANTICIPATED PROFITS; DAMAGES OR COSTS INCURRED AS A RESULT OF: (i) LOST TIME, DATA, OR USE OF THE SOFTWARE; (ii) HARDWARE FAILURES FOR ANY REASON; (iii) INCOMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE; (iv) LOSS OR CLAIMS FROM THIRD PARTIES; OR (v) FROM ANY OTHER CAUSE ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE, OR CONTRIBUTION OR INDEMNITY IN RESPECT OF ANY CLAIM RELATED TO THE SOFTWARE. IN ANY EVENT, NAVINI'S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE.
