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DISCLAIMER OF ANY OTHER WARRANTIES
. MANUFACTURER
’
S LIMITED WARRANTY IS
THE ONLY EXPRESS WARRANTY OR CONDITION MADE TO YOU AND IS PROVIDED IN LIEU
OF ANY OTHER EXPRESS WARRANTIES OR SIMILAR OBLIGATIONS (IF ANY) ALLEGED TO BE
CREATED BY ADVERTISING, DOCUMENTATION, PACKAGING OR ANYTHING ELSE. EXCEPT
FOR MANUFACTURER
’
S LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SOFTWARE, HARDWARE, ALL DATA, CONTENT AND SERVICES (IF
ANY), AND ANY PROVISION OR USE OF ANY OF THE FOREGOING ARE PROVIDED AS IS
AND WITH ALL FAULTS. REGARDING THE FOREGOING, MANUFACTURER AND ITS SUPPLIERS
DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES
OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF
RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF
RESULTS, OF WORKMANLIKE EFFORT, AND OF LACK OF VIRUSES OR NEGLIGENCE. ALSO,
THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET
POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON
-
INFRINGEMENT..
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
MANUFACTURER OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR
INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY,
FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE),
NEGLIGENCE, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY
RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, OR THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION
WITH ANY PROVISION OF THIS EULA, EVEN IF MANUFACTURER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES.
NOTWITHSTANDING ANY DAMAGES THAT
YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES),
MANUFACTURER'S AND ITS SUPPLIERS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO
ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE
GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. THE
FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM
EXTENT PERMITTED BY APPLICALE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
6.
U.S. GOVERNMENT RESTRICTED RIGHTS.
All SOFTWARE provided to the U.S. Government
pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and
restrictions described elsewhere herein. All SOFTWARE provided to the
U.S. Government pursuant to
solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in
FAR, 48 CFR 52.227
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14 (JUNE 1987) or FAR, 48 CFR 252.227
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7013 (OCT 1988), as applicable.
If you acquired this EULA in the United States, this EULA is governed by the laws of the State of Washington.
If you acquired this EULA in Canada, this EULA is governed by the laws of the Province of Ontario, Canada.
Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and
further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District
of York, Province of Ontario.