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73
ND USER LICENSE AGREEMENT
8. Not fault tolerant.
The Software may contain technoloy that is not fault
tolerant and is not designed, manufactured, or intend-
ed for use in environments or applications in which the
failure of the licensed Software could lead direclty to
death, personal injury, or severe physical or environ-
mental damage or financial loss.
9. Limitation of liability.
To the maximum extent permitted by applicable law, in
no event shall Licensor or Licensor's Software suppliers
or their respecitve affiliates and employees be liable for
any lost profits, revenue, sales, data or costs of procure-
ment of substitute goods or services, property damage,
personal injury, interruption of business, loss of busi-
ness information or for any special, direct, indirect, inci-
dental, economic, cover, punitive, special or conse-
quential damages, however caused and whether
arising under contract, tort, negligence, or other theory
of liability arising out of the use of or inability to use the
Software, even if Licensor or its Software suppliers are
advised of the possibility of such damages. Because
some countries/states/jurisdictions do not allow the ex-
clusion or limitation of liability, but may allow liability to
be limited, in such cases, the liability of Licensor, its
Software suppliers and their respective affiliates and
employees shall be limited to, at Licensor's option, ei-
ther (a) return of the price paid less a reasonable
amount for usage, or (b) repair or replacment of the
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