ETC Element User Manual page 275

manufacturer is Electronic Theatre Controls, Inc., 3031 Pleasant View Road,
Middleton, Wisconsin, USA, 53562-0979.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR
OTHERWISE, SHALL ETC BE LIABLE TO ANY PERSON OR ENTITY FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY (I) TO DEATH OR PERSONAL INJURY RESULTING
FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION, (II) FOR CONSUMERS WITH RESIDENCE
IN A MEMBER COUNTRY OF THE EUROPEAN UNION (A) TO DEATH OR
PERSONAL INJURY RESULTING FROM ETC'S NEGLIGENCE, (B) TO THE
VIOLATION OF ESSENTIAL CONTRACTUAL DUTIES BY ETC, AND (C) TO
DAMAGES RESULTING FROM ETC'S GROSS NEGLIGENT OR WILLFUL
BEHAVIOR. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
9. Export Administration
The Software, including technical data, are subject to U.S. export control
laws, including without limitation, the U.S. Export Administration Act and its
associated regulations, and may be subject to export or import regulations in
other countries. User shall not directly or indirectly export or re-export the
Software, or the direct product thereof, without first obtaining ETC's written
approval. User agrees to comply with all regulations and acknowledges that it
has the responsibility to obtain licenses to export, re-export, or import the
Software. The Software may not be downloaded or otherwise exported or re-
exported (i) into, or to, any country to which the U.S. has embargoed goods,
or to a national or resident thereof; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals and Blocked Persons List;
or (iii) to any country facing U.S. sanctions, as listed by the U.S. Treasury
Department's Office of Foreign Assets Control.
10. Termination
Notwithstanding the above, ETC may, without prejudice to any other rights or
remedies, terminate this EULA, if any of the following events should occur: (i)
if you fail to perform or comply with any provision or term herein; and (ii) if you
become insolvent, go into liquidation, file or initiate an action for bankruptcy,
or have a receiver, administrative receiver or liquidator appointed or suffer
similar measures in any relevant jurisdiction; or if you cease doing business in
MUN 101879-2.009900.0011
3