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prohibited by, such laws and regulations.
7. No Warranty. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND.
ESCORT INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS
ARISPNG OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED FROM ESCORT INC. OR ELSEWHERE WILL CREATE
ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
8. Limitation of Liability. ESCORT INC. AND OR ITS LICENSORS' TOTAL LIABILITY TO YOU FROM
ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AND WILL
NOT EXCEED THE AMOUNTS PAID TO ESCORT INC. BY YOU FOR THE SOFTWARE. IN NO EVENT
WILL ESCORT INC. BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE,
OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) OR
FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH
LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT ESCORT INC. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS
WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
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