Vertex Standard Wires-II Manual page 7

WIRES-II M R
ANUALE DI IFERIMENTO
ACCORDO DI LICENZA UTENTE FINALE WIRES™
LIMITATION OF REMEDIES AND DAMAGES
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, EXCEPT FOR
DEATH OR PERSONAL INJURY (IF SUCH EXCEPTION IS REQUIRED BY LAW), NONE OF VER-
TEX STANDARD, ITS SUPPLIERS OR RESELLERS SHALL BE LIABLE OR OBLIGATED WITH
RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLI-
GENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY
AMOUNTS IN EXCESS IN THE AGGREGATE OF THE FEES ACTUALLY PAID TO VERTEX STAN-
DARD BY YOU WITH RESPECT TO THE SOFTWARE (II) FOR ANY SPECIAL, PUNITIVE, INCI-
DENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR ANY
COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS; FOR
DAMAGES FOR LOSS OF GOOD WILL, WORK STOPPAGE, DATA LOSS, LOST PROFIT OR COM-
PUTER FAILURE); (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA (IV)
FOR ANY FAILURE OF THE SOFTWARE TO PROVIDE SECURITY OR (V) FOR ANY MATTER
BEYOND ITS REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
AND EXCLUSIONS MAY NOT APPLY TO YOU.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
In no event shall Vertex Standard or its suppliers be liable for any damages whatsoever (including, without
limitation, damages for loss of business profits, business interruption, loss of business information, or any
other pecuniary loss) arising out of the use of or inability to use this product, even if Vertex Standard has been
advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
INDEMNIFICATION.
You shall indemnify and hold harmless Vertex Standard, its parent, affiliates and subsidiary entities, assignees,
licensees and purchasers, and the officers, employees, and agents of all of them, against any suits, losses, lia-
bilities, damages, claims, settlements, costs and expenses, including reasonable attorneys?and experts?fees
(whether incurred as the result of a third party claim or a claim to enforce this indemnity), to the extent arising
from: (i) any breach of this agreement by you; (ii) any violation of US Federal Communications Commission
rules or regulations or related statutes, or any laws, by any person utilizing (1) the Software or (2) the Services.
EXPORT RESTRICTIONS
You shall not and shall not authorize any third-party to remove or export from the United States or authorize
the export or re-export of any part of the Software or any direct product thereof: (i) into (or to a national or
resident of ) Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria, (ii) to anyone on the U.S. Commerce
Department? Table of Denial Orders or U.S. Treasury Department? list of Specially Designated Nationals or
(iii) otherwise in violation of any restrictions, laws or regulations of any United States or foreign agency or
authority. You agree to the foregoing and warrant that you are not located in, under the control of, or a nation-
al or resident of any such prohibited country or on any such prohibited party list. The Software is restricted
from being used for the design or development of nuclear, chemical, or biological weapons or missile tech-
nology without the prior permission of the United States government.
MISCELLANEOUS
Neither this Agreement nor the License granted herein is assignable or transferable by you.
No failure or delay in exercising any right hereunder will operate as a waiver thereof, nor will any partial
exercise of any right or power hereunder preclude further exercise.
V S C ., L . 7
ERTEX TANDARD O TD