and terminate this Agreement. This limited warranty applies only if the product is returned to Apposite, freight and
insurance prepaid, in accordance with Apposite's Return Material Authorization (RMA) procedures. Any repaired or
replaced Software or Hardware will be warranted for the remainder of the original Warranty Period or thirty (30) days,
whichever is longer.
Disclaimer of Warranties
THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED, AND APPOSITE DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY BY JURISDICTION.
Limitation of Liability
REGARDLESS WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL
APPOSITE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS,
BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR
INABILITY TO USE THE PRODUCT AND EVEN IF APPOSITE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPOSITE OR ITS SUPPLIERS' LIABILITY, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, OR OTHERWISE, EXCEED THE PRICE PAID FOR
THE PRODUCT. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Term and Termination
This agreement takes effect upon your use of the software and remains effective until terminated. You may terminate
it at any time by destroying all copies of the Software and Documentation in your possession. This license will
terminate immediately if you fail to comply with any term or condition of this agreement. You agree on termination of
this license to cease all use of the Software and Documentation. In addition, the provisions of the sections "U.S.
Government Restricted Rights" and "Export" shall survive termination of this agreement.
Export
The Product, including the underlying technology, is subject to U.S. export control laws, and may be subject to export
or import regulations in other countries. You may not export or import the Product and the underlying technology,
directly or indirectly, in violation of these laws. You agree to comply strictly with all such laws and regulations and
acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be
required.
U.S. Government Restricted Rights
The Software and Documentation qualify as "commercial computer software" and "commercial computer software
documentation" pursuant to FAR 12.212 and DFAR 227.7202. The Software and Documentation are being licensed to
U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users
pursuant to the terms and conditions of this agreement.
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