GREAT PLANES RealFlight 7 User Manual page 382

including negligence, strict liability or otherwise, shall be the return of the purchase
price paid or replacement of the Software. This Agreement shall be construed in
accordance with and governed by the laws of the State of Oregon. Copyright and other
proprietary matters will be governed by United States laws and international treaties.
IN ANY CASE, KES SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF
PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF
WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER
LEGAL THEORY EVEN IF KES OR ITS AGENT HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may not
apply to you.
11. General Provisions. Neither this Agreement nor any part or portion hereof
shall be assigned, sublicensed or otherwise transferred by you. Should any provision of
this Agreement be held to be void, invalid, unenforceable or illegal by a court, the
validity and enforceability of the other provisions shall not be affected thereby. If any
provision is determined to be unenforceable, you agree to a modification of such
provision to provide for enforcement of the provision's intent, to the extent permitted
by applicable law. Failure of a party to enforce any provision of this Agreement shall
not constitute or be construed as a waiver of such provision or of the right to enforce
such provision. If you fail to comply with any terms of this Agreement, YOUR
LICENSE IS AUTOMATICALLY TERMINATED.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,
THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND
THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY
LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR
COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE,
YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND
CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN
SEPARATE AGREEMENTS
AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE
RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT
SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR
UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN
KES AND YOU RELATING TO THE SUBJECT MATTER OF THIS
AGREEMENT.
BETWEEN KES
378
AND YOU, THIS