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344 Pinnacle Studio 9
AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, BE
UNINTERRUPTED OR ERROR FREE.
11. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO
EVENT WILL PINNACLE BE LIABLE FOR ANY
CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR
PUNITIVE DAMAGES WHATSOEVER, EVEN IF PINNACLE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL PINNACLE’S LIABILITY
EXCEED THE TOTAL AMOUNT OF THE FEES PAID FOR THE
SOFTWARE. Some states/jurisdictions do not allow the limitation or
exclusion of incidental or consequential damages in certain
circumstances, so the above limitations may not apply in some
circumstances.
12. General. This License is governed by the laws of the State of
California and by the federal laws of the United States, without
reference to conflict of laws principles. The federal and state courts
within the County of Santa Clara, California shall have excusive
jurisdiction to adjudicate any dispute arising out of this License and
you hereby consent to the personal jurisdiction of the federal and state
courts within the County of Santa Clara, California. This License is
the entire agreement between you and Pinnacle and supersedes any
other communication with respect to the Software. No modification of
or amendment to this License will be effective unless in writing
signed by both parties. If any provision of this License is held invalid
or unenforceable, the remainder of this License will continue in full
force and effect.
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