3.5.1/3.6.1 HP PolyServe Matrix Server Third-Party Licenses (T5392-96021, January 2009)

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POSSESSION, PERFORMANCE AND PROPER INSTALLATION AND USE OF THE SOFTWARE
AND FOR VERIFYING THE RESULTS OBTAINED THEREFROM.
Damage Disclaimer
THE LIABILITY OF PCAUSA, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS,
SHAREHOLDERS, SUCCESSORS OR ASSIGNS FOR DAMAGES, WHETHER FOR BREACH OF
THIS LICENSE AND LIMITED WARRANTY OR OTHERWISE SHALL NOT EXCEED THE AMOUNT
OF THE LICENSE FEE, WHETHER THE LIABILITY ARISES FROM CONTRACT, TORT OR OTHER
CLAIMS. PCAUSA SPECIFICALLY DISCLAIMS ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL
DAMAGES WHICH MAY ARISE FROM THIS LICENSE AND LIMITED WARRANTY OR THE
POSSESSION OR USE OF ALL OR ANY PORTION OF THE SOFTWARE, EVEN TO THE EXTENT
PCAUSA IS AWARE OF THE RISK OF SUCH DAMAGES. PCAUSA SHALL NOT BE LIABLE FOR
COSTS OR PROCUREMENT OF SUBSTITUTE PRODUCTS NOR FOR ANY LOST PROFITS, LOST
BUSINESS, LOSS OF USE OR DATA OR INTERRUPTION OF BUSINESS ARISING OUT OF ANY
USE OR FAILURE OF ALL OR ANY PORTION OF THE SOFTWARE.
Governing Law And General Provisions
Choice of Law, Interpretation
The validity, construction, and enforce-ment of this License and Limited Warranty, and the determination
of the rights and duties of the Parties, shall be governed by the laws of the State of Georgia (exclusive of
any choice of law or other provision that would result in the application of the laws of any other
jurisdic-tion). Should any provision of this License and Limited Warranty require judicial interpretation,
the Parties agree that the judicial body interpreting or construing such provision shall not apply the
assumption that the terms of this License and Limited Warranty shall be more strictly construed against
either one or the other party because of the rule of construction that an instrument is to be construed
more strictly against the drafting party.
Severability
In case any one or more of the provisions contained in this License and Limited Warranty or any
application of those provisions shall be invalid, illegal or unenforceable in any respect, the validity,
legality and enforceability of the remaining provisions contained in this License and Limited Warranty
and any other applications of such remaining provisions shall not in any way be affected or impaired by
such invalidity, illegality or unenforceability
Amendments
No amendment, change, or modification of this License and Limited Warranty or any of the terms,
conditions or provisions hereof, and no waiver of a right, remedy, privilege or power, or discharge of an
obligation or liability, conferred upon, vested in, or imposed upon either Party, and no consent to any act
or omission pertaining hereto shall be effective unless duly embodied in a written instrument signed by
the duly authorized representatives of both Parties.