Operation Manual

License Agreement 50

reproduce such notices on all copies thereof permitted under this Agreement

or associated documentation.

4. LIMITED WARRANTY. Except for the foregoing, THE SOFTWARE IS

provided “AS IS” without warranty or condition of any kind. AAS disclaims

all warranties or conditions, written or oral, statutory, express or implied,

including but not limited to the implied warranties of merchantable quality

or ﬁtness for a particular purpose, title and non-infringement of rights of

any other person. AAS does not warrant that THE SOFTWARE will meet

the Licensee’s requirements or that the operation of the software will be

uninterrupted or ERROR-FREE.

5. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMIT-

TED BY APPLICABLE LAW, IN NO EVENT WILL AAS BE LIABLE TO

THE LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT, SPE-

CIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES

WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF REV-

ENUE 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, REPRESENTATIVE

OR DEALER IS AUTHORIZED TO EXTEND, MODIFY OR ADD TO

THIS WARRANTY ON BEHALF OF AAS. THE TOTAL LIABILITY OF

AAS FOR DAMAGES, WHETHER IN CONTRACT OR TORT, UNDER

OR RELATED IN ANY WAY TO THIS AGREEMENT SHALL BE LIM-

ITED TO THE LICENSE FEES ACTUALLY PAID BY LICENSEE TO

AAS, OR IF NO FEES WERE PAID, AAS’ LIST PRICE FOR THE SOFT-

WARE COVERED BY THIS LICENSE. THE EXCLUSION OF IMPLIED

WARRANTIES AND/OR THE LIMITATION OF LIABILITY IS NOT PER-

MITTED 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