TERM
This License Agreement is effective upon your downloading and installing/using the SOFTWARE, and shall continue until terminated by you or by LICENSOR. You may terminate this License Agreement at any time by deleting any and all remnants of the SOFTWARE. LICENSOR may terminate this License Agreement upon any breach by you of any of the terms in this License Agreement.
DISCLAIMERS OF WARRANTY
THE PROGRAM, AND THE SOFTWARE ARE LICENSED "AS IS"; AND LICENSOR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES/ JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE ENFORCEABILITY AND DURATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOUR SOLE RECOURSE AGAINST LICENSOR FOR ANY DEFECTS OR OTHER PROBLEMS WITH THE PROGRAM AND THE SOFTWARE SHALL BE REPLACEMENT OF THE SOFTWARE AND PROGRAM. LICENSOR SHALL NOT BE OBLIGATED TO REPLACE THE SOFTWARE AND / OR PROGRAM IF ITS DETERMINES THAT THE DEFECT OR PROBLEM WAS CAUSED BY YOUR MISUSE, NEGLECT, IMPROPER INSTALLATION, REPAIR, ALTERATION OR DAMAGE. IN ANY CASE LICENSOR'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE LICENSE FEE PAID TO LICENSOR FOR THE USE OF THE PROGRAM.
IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE, OR THE PROGRAM, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NO EXPORT/INDEMNIFICATION
You agree that you will not export or re-ship, either outside the United States and its possessions or any other jurisdiction in which you legally obtained your license, the SOFTWARE or the PROGRAM, except in accordance with all laws, rules and regulations of the United States or any other jurisdiction in which you legally obtained your license to the SOFTWARE and the PROGRAM. You further agree to indemnify, defend and hold harmless LICENSOR from any claim, action, liability or expense (including reasonable attorneys' fees and costs) arising out of your violation of any laws, rules or regulations of the United States or any other jurisdiction related to the use, copying, displaying, distribution, export or import of computer software or munitions or other prohibited articles.
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