SKF On-line System WVT User Manual page 13

8. LIMITATIONS ON LIABILITY
(a) Limitations and Exclusions. IN NO
EVENT WILL LICENSOR BE LIABLE
TO LICENSEE FOR ANY DIRECT,
INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR
OTHER SPECIAL DAMAGES, LOST
PROFITS, OR LOSS OF INFORMATION
SUFFERED BY LICENSEE ARISING
OUT OF OR RELATED TO THIS
AGREEMENT OR THE USE OF THE
SOFTWARE, FOR ALL CAUSES OF
ACTION OF ANY KIND (INCLUDING
TORT, CONTRACT, NEGLIGENCE,
STRICT LIABILITY, BREACH OF
WARRANTY OR CONDITION, AND
STATUTORY) EVEN IF LICENSOR HAS
BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE
PRECEDING EXCLUSION AND
DISCLAIMER OF DAMAGES SHALL
APPLY TO ALL CLAIMS MADE BY
LICENSEE RELATED TO OR ARISING
OUT OF LICENSEE's USE OF THE
SOFTWARE, INCLUDING, BUT NOT
LIMITED TO, CLAIMS ALLEGING THAT
THE SOFTWARE, OR ANY
COMPONENT THEREOF, FAILED OF
ITS ESSENTIAL PURPOSE OR FAILED
IN SOME OTHER RESPECT.
(b) Acknowledgment. Licensee agrees
that the limitations of liability and
disclaimers of warranty set forth in
this Agreement will apply regardless
of whether Licensor has tendered
delivery of the Software or Licensee
has accepted the Software. Licensee
acknowledges that Licensor has set its
prices and entered into this
Agreement in reliance on the
disclaimers of warranty and the
limitations and exclusions of liability
set forth in this Agreement and that
the same form an essential basis of
the bargain between the Parties.
9. TERM AND TERMINATION
(a) Term. This Agreement shall
commence on the Effective Date and
shall continue in existence until it is
terminated in accordance with Section
9(b) below.
Termination. Licensor may
(b)
terminate this Agreement and the
license conveyed hereunder in the
event that Licensee breaches any
provision, term, condition, or
limitation set forth in this Agreement,
including but not limited to the license
restrictions set forth in Section 2(d) of
this Agreement.
Effect of Termination. Within ten
(c)
(10) days after termination of this
Agreement and the license granted
hereunder, Licensee shall return to
Licensor, at Licensee's expense, the
Software and all copies thereof, and
deliver to Licensor a certification, in
writing signed by an officer of
Licensee, that all copies of the
Software have been returned to
Licensor and that Licensee has
discontinued its use of the Software.
10. ASSIGNMENT
Licensee shall not assign or otherwise
transfer the Software or this Agreement to
anyone, including any parent, subsidiaries,
affiliated entities or third Parties, or as
part of the sale of any portion of its
business, or pursuant to any merger,
consolidation or reorganization, without
Licensor's prior written consent. Any
assignment or transfer effected in violation
of this Section 10 shall be void ab initio
and of no force or effect.
11. FORCE MAJEURE
Neither party shall be in default or
otherwise liable for any delay in or failure
of its performance under this Agreement if
such delay or failure arises by any reason
beyond its reasonable control, including