Penpower will provide you with the Software and support services in respect of the Soft- ware to the maximum extent permitted by law. However, Penpower does not warrant that the Software and information included in the package of the Software contain no defects or errors. Penpower is not liable for any indirect, special or incidental loss arising from the Software, including but not limited to loss of profits, damage to business reputation, cessation of work, hardware malfunction or damage, or any other commercial damage or loss arising from commercial use of the Software.
7.Limitation of Liability and Damages
The maximum amount of compensation payable by Penpower, in respect of any damage incurred by you for any reason under this Agreement, is limited to the amount you have already paid to Penpower in respect of the Software.
Under no circumstances will Penpower be held liable for the possibility of loss, notwith- standing Penpower may be aware of the possibility of such loss.
8.Prohibition Against Sublicense
You are prohibited to assign the license in respect of the Software granted to you under this Agreement, or to grant a sublicense to another person.
9.Jurisdiction
With regards to any disputes arising from this Agreement, Penpower and you agree that the court having jurisdiction over the business location of Penpower will be the court in the first instance.
10.Miscellaneous
In the event that any provision of this Agreement is found to be invalid at law, such invalidity will not affect the validity of any other provisions, or the legal enforceability of such other provisions.
In the event that the Software cannot be executed under conditions of normal use, due to any damage to the original disk/s, Penpower will replace the disk/s free of charge.
