Worldwide Construction And Forestry Division 380GLC Operator's Manual page 20

7. LIMITATION OF LIABILITY. EXCEPT AS SET
FORTH IN THE LIMITED WARRANTY, UNDER NO
CIRCUMSTANCES SHALL LICENSOR, ITS AFFILIATES
OR ITS THIRD PARTY SUPPLIERS BE LIABLE TO
YOU OR TO ANY THIRD PARTIES FOR DIRECT,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND, INCLUDING ANY LOSS
OR DAMAGE CAUSED BY THE SOFTWARE; ANY
PARTIAL OR TOTAL FAILURE OF THE SOFTWARE;
PERFORMANCE, NONPERFORMANCE OR DELAYS
IN CONNECTION WITH ANY INSTALLATION,
MAINTENANCE, WARRANTY OR REPAIRS OF THE
SOFTWARE, DAMAGES FOR CROP LOSS, DAMAGE
TO LAND, LOST PROFITS, LOSS OF BUSINESS OR
LOSS OF GOODWILL, LOSS OF USE OF EQUIPMENT
OR SERVICES OR DAMAGES TO BUSINESS OR
REPUTATION ARISING FROM THE PERFORMANCE
OR NON-PERFORMANCE OF ANY ASPECT OF THIS
AGREEMENT, WHETHER IN CONTRACT, TORT OR
OTHERWISE, AND WHETHER OR NOT LICENSOR,
ITS AFFILIATES OR ITS THIRD PARTY SUPPLIERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL LICENSOR'S
CUMULATIVE LIABILITY TO YOU OR TO ANY OTHER
PARTY FOR ANY LOSSES OR DAMAGES RESULTING
FROM ANY CLAIMS, LAWSUITS, DEMANDS, OR
ACTIONS ARISING FROM OR RELATING TO USE OF
THE SOFTWARE EXCEED YOUR TOTAL PAYMENT
FOR THE MACHINE AND FOR THE LICENSE OF THE
SOFTWARE.
8. Termination of License. Licensor may terminate the
license granted under this Agreement upon written notice
of termination provided to you if you violate any material
term of this Agreement pertaining to your use of the
Software or Licensor's rights, including, without limitation,
the provisions of Sections 2 and 3 above.
9. Compliance with Law. You agree that you will use the
Software in accordance with United States law and the
laws of the country in which you are located, as applicable,
including foreign trade control laws and regulations. The
Software may be subject to export and other foreign
trade controls restricting re-sales and/or transfers to
other countries and parties. By accepting the terms of
this Agreement, you acknowledge that you understand
that the Software may be so controlled, including, but
not limited to, by the Export Administration Regulations
and/or the foreign trade control regulations of the Treasury
Department of the United States. Any other provision
of this Agreement to the contrary notwithstanding, you
agree that the Software will not be resold, re-exported or
otherwise transferred. The Software remains subject to
applicable U.S. laws.
10. Indemnification. You agree to defend, indemnify
and hold Licensor, its affiliates and third party supplier,
and their, officers, directors, employees, agents and
representatives (each an "Indemnified Party"), harmless
Introduction
from and against all claims, demands proceedings,
injuries, liabilities, losses, or costs and expenses (including
reasonable legal fees) brought by any third party against
any such persons arising from or in connection with your
use of the Software, regardless of whether such losses
are caused, wholly or partially, by any negligence, breach
of contract or other fault of an Indemnified Party.
11. Costs of Litigation. If any claim or action is brought
by either party to this License Agreement against the other
party regarding the subject matter hereof, the prevailing
party shall be entitled to recover, in addition to any other
relief granted, reasonable attorney fees and expenses
of litigation.
12. Severability and Waiver. Should any term of this
Agreement be declared void or unenforceable by any
court of competent jurisdiction, such declaration shall
have no effect on the remaining terms hereof. The failure
of either party to enforce any rights granted hereunder
or to take action against the other party in the event of
any breach hereunder shall not be deemed a waiver
by that party as to subsequent enforcement of rights of
subsequent actions in the event of future breaches.
13. Language Clause. If you are a resident of Canada
at the time you accept this Agreement, then the parties
hereby acknowledge that they have required this
Agreement, and all other documents relating hereto,
be drawn up in the English language only. Les parties
reconnaissent avoir demandé que le présent contrat ainsi
que toute autre entente ou avis requis ou permis à être
conclu ou donné en vertu des stipulations du présent
contrat, soient rédigés en langue anglaise seulement. If
you are a resident of any country other than the United
States, Canada, Great Britain, Australia or New Zealand
then you agree as follows: there may be a translated
version of this Agreement. If there is an inconsistency
or contradiction between the translated version and the
English version of this Agreement, the English version of
this Agreement shall control.
14. Assignment by Licensor. Licensor may assign this
Agreement without your prior consent to any company
or entity affiliated with Licensor, or by an assignment
associated with a corporate restructuring, merger or
acquisition.
15. Governing Law and Forum. This Agreement will
be governed by and construed in accordance with the
substantive laws identified in the table in Section 18, below
The respective courts of the venue identified in the table
in Section 18, below, for the location of the Machine shall
have non-exclusive jurisdiction over all disputes relating
to this Agreement. This Agreement will not be governed
by the conflict of law rules of any jurisdiction or the United
Nations Convention on Contracts for the International Sale
of Goods, the application of which is expressly excluded.
16. Specific Exceptions.
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