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IN THE ABSENCE OF ANY WARRANTY BY A THIRD-PARTY,
VULCAN MAKES NO REPRESENTATIONS OR WARRANTIES,
EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT
TO THE PROGRAM. THE PROGRAM IS PROVIDED "AS IS"
WITH NO WARRANTY. YOU AGREE THAT YOUR USE OF THE
PROGRAM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, VULCAN EXPRESS-
LY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, WITH RESPECT TO THE PROGRAM, INCLUD-
ING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCU-
RACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRAN-
TIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE,
COURSE OF DEALING OR USAGE OF TRADE. VULCAN DOES
NOT WARRANT THAT THE PROGRAM WILL OPERATE IN
COMBINATION WITH HARDWARE, SOFTWARE, SYSTEMS OR
DATA NOT PROVIDED BY VULCAN, EXCEPT AS EXPRESSLY
SPECIFIED IN THE DOCUMENTATION, OR THAT THE OP-
ERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR
ERROR-FREE.
4. Termination
This Agreement is effective until terminated. Vulcan may
terminate this Agreement at any time upon Your breach of any
of the provisions hereof. Upon termination of this Agreement,
You will cease all use of the Program, return to Vulcan or de-
stroy the Program and all Documentation and related materi-
als in Your possession, and so certify to Vulcan. Except for the
license granted herein and as expressly provided herein, the
terms of this Agreement will survive termination.
5. General terms
5.1 Law. This Agreement and all matters arising out of or relat-
ing to this Agreement will be governed by the internal laws of
the State of Washington without giving effect to any choice of
law rule. This Agreement will not be governed by the United
Nations Convention on Contracts for the International Sales of
Goods, the application of which is expressly excluded. In the
event of any controversy, claim or dispute between the parties
arising out of or relating to this Agreement, such controversy,
claim or dispute may be tried solely in a state or federal court
for King County, Washington, and the parties hereby irrevoca-
bly consent to the jurisdiction and venue of such courts.
5.2 Limitation of Liability. In no event will either party be
liable for any indirect, incidental, special, consequential or
punitive damages, or damages for loss of profits, revenue,
business, savings, data, use or cost of substitute procure-
ment, incurred by either party or any third party, whether in
an action in contract or tort, even if the other party has been
advised of the possibility of such damages or if such damages
are foreseeable. In no event will Vulcan's liability for damages
hereunder exceed the amounts actually paid by You to Vulcan
for the Program. The parties acknowledge that the limitations
of liability in this Section 5.2 and in the other provisions of this
Agreement and the allocation of risk herein are an essential
element of the bargain between the parties, without which
Vulcan would not have entered into this Agreement. Vulcan's
pricing reflects this allocation of risk and the limitation of li-
ability specified herein.
5.3 Severability and Waiver. If any provision of this Agreement
is held to be illegal, invalid or otherwise unenforceable, such
provision will be enforced to the extent possible consistent
with the stated intention of the parties, or, if incapable of such
enforcement, will be deemed to be severed and deleted from
this Agreement, while the remainder of this Agreement will
continue in full force and effect. The waiver by either party of
any default or breach of this Agreement will not constitute a
waiver of any other or subsequent default or breach.
5.4 No Assignment. You may not assign, sell, transfer, delegate
or otherwise dispose of, whether voluntarily or involuntarily,
by operation of law or otherwise, this Agreement or any rights
or obligations under this Agreement without the prior written
consent of Vulcan. Any purported assignment, transfer or del-
egation by You will be null and void. Subject to the foregoing,
this Agreement will be binding upon and will inure to the ben-
efit of the parties and their respective successors and assigns.
5.5 Export Administration. You will comply fully with all rel-
evant export laws and regulations of the United States, includ-
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