ADIC Scalar Reference Manual page 9

Scalar DLC
11. Notices and Correspondence
All notices and correspondence sent by one party to the other in all matters will be
sent to the addresses listed in the initial paragraph hereof, except as otherwise
requested in writing.
12. DISCLAIMER AND LIMITATION OF LIABILITY.
THE LICENSEE HAS THE SOLE RESPONSIBILITY FOR THE ADEQUATE
PROTECTION AND BACK-UP OF ITS DATA USED IN CONNECTION WITH
THE SOFTWARE. IN NO EVENT WILL ADIC BE LIABLE FOR SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAM-
AGES WHATSOEVER RESULTING FROM THE LOSS OF USE, DATA OR
PROFITS, RERUN TIME, INACCURATE INPUT OR WORK DELAYS, OR ANY
PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION
WITH THIS LICENSE OR THE USE, PERFORMANCE OR NON-PERFOR-
MANCE OF THE SOFTWARE, WHETHER IN ACTION, IN CONTRACT, OR
TORT INCLUDING NEGLIGENCE, EVEN IF ADIC KNEW, SHOULD HAVE
KNOWN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAM-
AGES. ADIC's LIABILITY FOR DAMAGES HEREUNDER WILL IN NO EVENT
EXCEED THE AMOUNT OF FEES PAID BY LICENSEE UNDER THIS
LICENSE.
13. General
a No Assignment. This License is not assignable. None of the Software or Docu-
mentation may be sublicensed, assigned, or transferred to any other party without
ADIC's prior written consent. Any effort contradictory with this is null and void.
b Modification. This License or any Exhibit hereto can only be modified by a written
agreement executed by Licensee and ADIC.
c Governing Law. The laws of the state of Washington will govern this license. All
litigation between the parties, including all applications for injunctive relief, must
be conducted before a court of competent jurisdiction within King County, Wash-
ington, USA and both parties consent to personal jurisdiction of such court. If any
of the provisions of this License are held to be invalid under any applicable statute
or law, they are, to that extent, deemed omitted.
d Enforcement Costs. The party prevailing in any litigation or legal proceeding,
including arbitration, arising out of any dispute under this Agreement will be enti-
tled to recover reasonable attorneys' fees and costs from the other party.
e Limitations on Actions. Any action, regardless of form, arising out of the transac-
tions under this License, may not be brought by either party more than one (1) year
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