serious injury or death to the operator of the device or system, or to others due to a malfunction (including, without limitation, software related delay or failure) could reasonably be foreseen.
(vii)unless the software is explicitly licensed for the use with such platform(s), use this Final Product on
3.It is prohibited to modify, remove, suppress, or in any other way make inconspicuous the copyright, digital fingerprints, watermarks, identification labels, legal notices contained within the Software or other technical protection devices or data identifying Fluendo'sor its licensors rights in the Software, its files or its components.
4.No right is granted herein to any third party to use the Software, to the Licensee to use the Software for any third party, or to the Licensee to utilize the Software for any purpose whatsoever not described herein.
OWNERSHIP
5.Save for the right to use the Software and the Documentation expressly provided for in this License Agreement, the Licensee agrees and acknowledges that all title to and rights in the Software, its components, structure, databases, source code or design, and in the Documentation, including without limitation all copyright trademarks, trade secrets, patents, and all other intellectual or industrial property rights and other confidential or proprietary information contained therein remain the property of Fluendo or its licensors.
LIABILITY
6.TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND PROVIDED THAT LIABILITY SHALL NOT BE EXCLUDED OR LIMITED IN RESPECT OF MALICIOUS INTENT OR GROSS NEGLIGENCE, FLUENDO HEREBY EXCLUDES ALL LIABILITY IN RESPECT OF:
a) ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS
INTERRUPTION, OR CLAIMS BY A THIRD PARTY, EVEN IF A FLUENDO REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS.
b)DAMAGES, CLAIMS OR LIABILITIES ARISING OUT OF ANY OF THE FOLLOWING:
(i)THE CONTENT (INCLUDING WITHOUT LIMITATION ITS NATURE OR ANY INTELLECTUAL PROPERTY RIGHTS THEREIN) AND/OR ANY OTHER DATA, IMAGES, VIDEOS OR SOUNDS WHATSOEVER THAT THE LICENSEE MAY ACCESS OR TRANSMIT USING THE SOFTWARE;
(ii)LIABILITY TO ANY EMPLOYER, PRINCIPAL, CLIENT, LESSOR OR PROVIDER OF COMPUTER EQUIPMENT OR FACILITIES, ARISING OUT OF THE INSTALLATION OF OR USE OF THE SOFTWARE;
(iii)ANY CHARGES WHICH THE LICENSEE MAY INCUR TO ANY TELECOMMUNICATIONS SERVICE OR NETWORK.
7.FLUENDO EXPRESSLY EXCLUDES ALL LIABILITY IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS OR THIRD PARTY COMPONENTS THAT MAY BE INCLUDED WITHIN THE SOFTWARE, OR YOUR USE THEREOF.
8.TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUENDO'SAGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS LICENSE AGREEMENT WILL BE LIMITED IN ANY CASE TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY, OR, IF HIGHER, TO THE MINIMUM AMOUNT STIPULATED BY A COMPULSORY LAW.
INDEMNITY
9.BY DOWNLOADING, INSTALLING, USING OR UNINSTALLING THE SOFTWARE, THE LICENSEE HEREBY AGREES TO, AT ITS OWN EXPENSE, INDEMNIFY, DEFEND AND HOLD HARMLESS FLUENDO, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, ITS BUSINESS PARTNERS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES,
33
