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DOCUMENTATION, WHETHER SUCH
WARRANTIES ARE EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND
NONINFRINGEMENT. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING,
METROWERKS MAKES NO WARRANTY OR
REPRESENTATION THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE WILL MEET
YOUR REQUIREMENTS, THAT THE
OPERATON OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS IN THE SOFTWARE WILL BE
CORRECTED, NOR WITH RESPECT TO THE
CORRECTNESS, ACCURACY, OR
RELIABILITY OF THE SOFTWARE AND
RELATED DOCUMENTATION. METROWERKS
DISCLAIMS ANY AND ALL EXPRESS OR
IMPLIED WARRANTIES OF ANY KIND, AND
YOU EXPRESSLY ASSUME ALL LIABILITIES
AND RISKS, FOR ANYONE'S USE OR
OPERATION OF ANY APPLICATION
PROGRAMS YOU MAY CREATE WITH THE
SOFTWARE. YOU ACKNOWLEDGE AND
AGREE THAT THE SOFTWARE HAS NOT BEEN
DESIGNED, TESTED, MANUFACTURED, OR
INTENDED FOR USE IN DEVELOPING
APPLICATIONS WHERE THE FAILURE,
MALFUNCTION, OR ANY INACCURACY OF
THE APPLICATION CARRIES A RISK OF
DEATH, SERIOUS BODILY INJURY, OR
DAMAGE TO TANGIBLE PROPERTY,
INCLUDING, BUT NOT LIMITED TO, USE IN
FACTORY CONTROLS SYSTEMS, MEDICAL
DEVICES OR FACILITIES, UNCLEAR
FACILITIES, AIRCRAT OR AUTOMOBILE
NAVIGATION OR COMMUNICATION,
EMERGENCY SYSTEMS, OR OTHER
APPLICATIONS WITH A SIMILAR DEGREE OF
POTENTIAL HAZARD. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY
METROWERKS OR ANY OF ITS EMPLOYEES,
REPRESENTATIVES, OR RESELLERS SHALL
CREATE ANY WARRANTY IN ADDITION TO
THOSE GIVEN HEREIN. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
9. Limitation of Liability. UNDER NO
CIRCUMSTANCES SHALL METROWERKS BE
A-12
LIABLE FOR ANY INCIDENTAL, SPECIAL,
PUNTIVE OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OR INABILITY
TO USE THE SOFTWARE OR RELATED
DOCUMANTATION UNDER ANY THEORY,
INCLUDING CONTRACT, TORT, OR
NEGLIGENCE, EVEN IF METROWERKS HAS
BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO THE
ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
IN NO EVENT SHALL METROWERKS' TOTAL
LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU FOR THE SPECIFIC
LICENSE OF THE SOFTWARE AND RELATED
DOCUMANTATION TO WHICH THE LIABILTY
IS RELATED.
10. Controlling Law and Severability. THIS LICENSE
SHALL BE GOVERNED BY AND CONSTRUED
IN ACCORDANCE WITH THE LAWS OF THE
UNITED STATES AND THE STATE OF TEXAS,
EXCEPT FOR ITS CONFLICT OF LAWS
PRINCIPLES. The United Nations Convention on
Contracts for the International Sale of Goods is
hereby excluded in its entirety and does not apply to
this agreement. If for any reason a court of competent
jurisdiction finds any provision of this License, or
portion thereof, to be unenforceable, that provision of
the License shall be enforced to the maximum extent
permissible so as to effect the intent of the parties, and
the remainder of this License shall continue in full
force and effect.
11. Complete Agreement. This License constitutes the
entire agreement between the parties with respect to
the use of the Software and related documentation
and supersedes all prior or contemporaneous
understandings or a agreements, written or oral,
regarding such subject matter. No amendment to or
modification of this License will be binding unless in
writing and signed by an authorized officer of
Metrowerks.
Should you have any questions or comments concerning
this License, please do not hesitate to contact Metrowerks
Corporation at 9801 Metric Boulevard, Austin, TX,
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