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Limitation of Liability.
IN NO EVENT SHALL CASTLEWOOD BE LIABLE
FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES THAT PURCHASER MAY SUFFER DIRECTLY OR INDIRECTLY
FROM THE PURCHASE USE OF THE PRODUCT, INCLUDING, WITHOUT
LIMITATION, FOR THE LOSS OR USE OR LOSS OF DATA, FILES OR
PROGRAMS STORED ON THE PRODUCT. CASTLEWOOD’S MAXIMUM
LIABILITY FOR ANY CLAIM BY PURCHASER ARISING OUT OF
PURCHASER’S PURCHASE AND USE OF THE PRODUCT SHALL IN NO
EVENT EXCEED THE PURCHASE PRICE OF THE APPLICABLE PRODUCT.
SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT
APPLY TO PURCHASER.
Severability.
In the event of invalidity of any provision of this Agreement, the
parties agree that such invalidity shall not affect the validity of the remaining
portions of this Agreement.
Export. You agree that You will not export or re-export the Products or the
Software without the appropriate United States or foreign government licenses.
Taxes. You agree to be responsible for the payment of any taxes, other than
Castlewood’s income taxes, resulting from this Agreement.
Governing Law.
This Agreement will be governed by the laws of the State
of California as they are applied to agreements between California residents
entered into and to be performed entirely within California. The United Nations
Convention on Contracts for the International Sale of Goods is specifically
disclaimed.
Entire Agreement.
This is the entire agreement between You and Castlewood
which supersedes any prior agreement, whether written or oral, relating to the
subject matter of this Agreement.
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