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Software Product is licensed to you on an "as is" basis without
any warranty of any nature.
8. NO OTHER WARRANTIES
EXCEPT FOR THE ABOVE EXPRESS LIMITED
WARRANTIES, SERIF AND ITS SUPPLIERS MAKE AND
LICENSEE RECEIVES NO WARRANTIES OR
CONDITIONS, OR TERMS, EXPRESS, IMPLIED,
STATUTORY, OR IN ANY COMMUNICATION WITH
LICENSEE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, SERIF AND ITS SUPPLIERS
DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT, WITH REGARD TO THE SOFTWARE
PRODUCT AND THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES. LICENSEE SHALL BE
SOLELY RESPONSIBLE FOR THE SELECTION, USE,
EFFICIENCY AND SUITABILITY OF THE SOFTWARE
PRODUCT AND SERIF SHALL HAVE NO LIABILITY
THEREFOR. SERIF SHALL HAVE NO LIABILITY FOR,
NOR OBLIGATION TO INDEMNIFY LICENSEE
REGARDING ACTIONS ALLEGING THE INFRINGEMENT
OF PROPRIETARY RIGHTS BY THE SOFTWARE
PRODUCT. SERIF DOES NOT WARRANT THAT THE
OPERATION OF THE SOFTWARE PRODUCT WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT THE
SOFTWARE PRODUCT WILL MEET LICENSEE'S
SPECIFIC REQUIREMENTS. The Limited Warranty gives
you specific legal rights. You may have others, which vary from
state/jurisdiction to state/jurisdiction.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL SERIF OR ITS SUPPLIERS BE
LIABLE FOR LOSS OF DATA, CORRUPTION, LOST
PROFITS, COST OF COVER, OR OTHER SPECIAL,
INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR
INDIRECT DAMAGES ARISING FROM THE USE OF THE
SOFTWARE PRODUCT (INCLUDING ANY
ACCOMPANYING DOCUMENTATION), HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY. THIS
LIMITATION WILL APPLY EVEN IF SERIF OR AN
AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT
WILL SERIF'S LIABILITY EXCEED THE AMOUNT PAID
FOR THE SOFTWARE PRODUCT. LICENSEE
ACKNOWLEDGES THAT THE AMOUNTS PAID BY
LICENSEE FOR THE SOFTWARE PRODUCT REFLECT
THIS ALLOCATION OF RISK. Some states or other
jurisdictions do not allow the exclusion or limitation of liability
for incidental or consequential damages, so the above
limitations and exclusions may not be applicable in certain
instances. None of the above affects the statutory rights of
licensees residing in the United Kingdom.
10. NOT FOR RESALE SOFTWARE
If the Software Product is labeled Not for Resale or NFR,
then, notwithstanding section 1 of this License, your use of the
Software Product is limited to use for demonstration, test, or
evaluation purposes.
11. NO RENTAL; OTHER TRANSFERS
You may transfer this License to another computer or
workstation only on a permanent basis (that is, with no intent to
transfer again) provided the computer, workstation, or other
digital electronic device from which you have transferred this
License no longer accesses or otherwise utilizes the Software
Product, and the Software Product is used in accordance with
the terms of this License Agreement.
12. TERMINATION
You may terminate this License Agreement at any time. Serif
may terminate this License Agreement if you fail to comply
with the terms and conditions of this License Agreement. In
either event, you must destroy all copies of the Software
Product.
13. UPGRADE
If this License is an Upgrade, you must have a valid license
for the Prior Software for this License Agreement to be valid,
and this License Agreement must be used to replace such
license for the Prior Software. The total number of license
Upgrades you may acquire may not exceed the total number
of computers, workstations, or other digital electronic devices
that were licensed to access or otherwise utilize the Software
Product at the time you upgraded the Software Product.
14. MISCELLANEOUS
This Agreement shall not be governed by the 1980 U. N.
Convention on Contracts for the International Sale of Goods;
rather, this Agreement shall be governed by the laws of the
State of New Jersey, of the United States of America, including
the Uniform Commercial Code of the State of New Jersey,
without reference to conflicts of law principles. This Agreement
is the entire Agreement between Serif and Licensee and
supersedes any other communications or advertising with
respect to the Software Product. If any provision of this
Agreement is held invalid or unenforceable, such provision
shall be revised to the extent necessary to cure the invalidity or
non-enforceability, and the remainder of this Agreement shall
continue in full force and effect. If the Software Product is
acquired by the United States Government or on its behalf, the
Software is furnished with restricted rights. The use,
duplication, or disclosure by the United States Government and
parties acting on its behalf is governed by, and subject to
restrictions as set forth in subdivision (c) (1) (ii) of the Rights in
Technical Data and Computer Software clause at DFARS
252.227-7013, the subparagraphs (c)(1) and (2) of the
Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, or other comparable regulations of other government
agencies, as applicable. Licensee agrees not to allow the
Software Product to be sent to or used in any other country
except in compliance with applicable United States laws and
regulations. This Agreement shall constitute the entire
agreement between Serif and Licensee and supersedes all prior
agreements, understandings, communications, proposals or
representations, oral or written, by either party. This Agreement
shall be amended only by an executed writing by authorized
representatives of both parties.
.
4


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