Manual AAS Strum Acoustic Session (page 73 of 77) (English)

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License Agreement 73

5. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLI-

CABLE LAW, IN NO EVENT WILL AAS BE LIABLE TO THE LICENSEE OR ANY

THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL

OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO

LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, BUSINESS INTER-

RUPTION OR ANY OTHER PECUNIARY LOSS WHETHER BASED IN CONTRACT,

TORT OR OTHER CAUSE OF ACTION, EVEN IF AAS HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES, EXCEPT IN RELATION TO GROSS NEGLIGENCE

OR WILFUL BREACH OF THIS AGREEMENT BY AAS. NO AAS AGENT, REPRE-

SENTATIVE OR DEALER IS AUTHORIZED TO EXTEND, MODIFY OR ADD TO THIS

WARRANTY ON BEHALF OF AAS. THE TOTAL LIABILITY OF AAS FOR DAM-

AGES, WHETHER IN CONTRACT OR TORT, UNDER OR RELATED IN ANY WAY TO

THIS AGREEMENT SHALL BE LIMITED TO THE LICENSE FEES ACTUALLY PAID

BY LICENSEE TO AAS, OR IF NO FEES WERE PAID, AAS’ LIST PRICE FOR THE

SOFTWARE COVERED BY THIS LICENSE. THE EXCLUSION OF IMPLIED WAR-

RANTIES AND/OR THE LIMITATION OF LIABILITY IS NOT PERMITTED IN SOME

JURISDICTIONS, AND SOME OR ALL OF THESE EXCLUSIONS MAY THEREFORE

NOT APPLY.

6. TERMINATION. This License also shall extend to the Software and any updates or new

releases thereof obtained by the Licensee, if any, subject to any changes to this License made

by AAS from time to time and provided to the Licensee, provided AAS is under a separate

obligation to provide to Licensee such updates or upgrades and Licensee continues to have a

valid license which is in effect at the time of receipt of each such update or new release. This

License shall remain in effect until terminated. The Licensee may terminate this Agreement

at any time, upon notiﬁcation to AAS. This Agreement will terminate immediately without

notice from AAS if the Licensee fails to comply with any provision of this License. Any

such termination by AAS shall be in addition to and without prejudice to such rights and

remedies as may be available, including injunction and other equitable remedies. Upon

receipt of notice of termination from AAS, the Licensee must (a) immediately cease to use

the Software; (b) destroy all copies of the Software, as well as copies of all documentation,

speciﬁcations and magnetic media relating thereto in Licensee’s possession or control; and

of Sections 1, 3, and 5 shall survive the termination of this Agreement.

7. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with

the laws of the Province of Quebec, without regard to the United Nations Convention On

Contracts for the International Sale of Goods and conﬂict of laws provisions, if applicable,

and the parties hereby irrevocably attorn to the jurisdiction of the courts of that province. Les

parties sont d’accord

a ce que cette convention soit r

edig

ee en langue anglaise. The parties

have agreed that this agreement be drafted in the English language.

8. SEVERABILITY. If any of the above provisions are held to be illegal, invalid or unenforce-

able, such provision shall be severed from this Agreement and this Agreement shall not be

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AAS Strum Acoustic Session Manual

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