Owner`s manual

7) LIMITATION OF LIABILITY: a) NEITHER ENGIS NOR ITS SUPPLIERS SHALL BE LIABLE TO
YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING IN EACH CASE, BUT NOT LIMITED TO,
DAMAGES FOR THE INABILITY TO USE ANY THIRD PARTY EQUIPMENT OR ACCESS DATA,
LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF ENGIS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b)NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN
AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE
LIABILITY OF ENGIS AND ANY OF ITS SUPPLIERS ARISING FROM OR RELATED TO THIS
EULA, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
c) Notwithstanding clauses 7(a) and (b), or anything else contained in this EULA, neither party’s
liability for death or personal injury resulting from its own negligence shall be limited. d) Some states
and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages,
so the above limitations or exclusions may not apply to you.
8) TERMINATION: Without prejudice to any other rights, EnGIS may immediately terminate this
EULA if you fail to comply with any of its terms and conditions. In such event, you must destroy all
copies of the Software and all of its component parts. The following provisions of this EULA will
survive termination, will remain in effect after termination of this EULA: Sections 3, 4, 6, 7, 8, 9, 10,
and 11. EnGIS reserves the right, with or without notice, to discontinue update, upgrade and
supplement services provided to you or made available to you through the use of the Software.
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9) ENTIRE AGREEMENT: This EULA (including any addendum or amendment to it which may be
supplied with the Software), if applicable, and any other terms and conditions, if applicable, is the
entire agreement between you and EnGIS relating to the Software and the support services (if any)
and they supersede all prior or contemporaneous oral or written communications, proposals and
representations with respect to the Software or any other subject matter covered by this EULA. To
the extent that the terms of any EnGIS policies or programs for support services conflict with the
terms of this EULA, the terms of this EULA shall govern. If any provision of this EULA is held to be
void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
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10) TRANSLATIONS: The English version of this EULA is the controlling version. Any translations, if
available, are provided for convenience only.
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11) GOVERNING LAW: This EULA shall be governed by the laws of the state of California, USA.
The United Nations Convention on Contract for the international Sale of Goods is hereby excluded
in its entirety from application to this Agreement.
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End-User License Agreement (EULA)
EULA
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