User's Manual

states/jurisdictions do not allow the exclusion or limitation of liability for consequential or

incidental damages, the above limitation applies only to the extent permitted by applicable law.

5. Limitation of Liability. DViCO’s total liability and Licensee’s exclusive remedy under this

Agreement shall not exceed the replacement cost of a single copy of the Products.

6. Indemnification. Licensee shall hold harmless, indemnify and defend DViCO, its officers,

directors and employees, from and against any claim, suit or proceeding and any losses,

damages, fines and expenses (including attorneys’ fees and costs) arising out of or relating to

any claims that Licensee’s use of the Products in conjunction with any Licensee Application

infringes the patent,

any breach of this Agreement by Licensee.

7. Termination. Without prejudice to any other rights, DViCO may terminate this Agreement if

Licensee fails to comply with any term or condition of this Agreement. Upon termination of this

Agreement, Licensee shall immediately discontinue the use of the Products and certify

destruction of all full or partial copies of the Products and related materials provided by DViCO.

Licensee may also terminate this Agreement at any time by destroying the Products and all

copies thereof.

8. General. Licensee acknowledges that he or she has read this Agreement, understands it,

and that by using the Products Licensee agrees to be bound by the terms and conditions set

forth in this Agreement. Licensee further agrees that the Agreement is the complete and

exclusive statement of the understanding between DViCO and Licensee which supersedes any

proposal or prior agreement, oral or written, and any other communication between DViCO and

Licensee relating to the subject matter of this Agreement. This Agreement may not be modified

except in a writing duly signed by an authorized representative of DViCO and Licensee. If any

provision of this Agreement is held to be unenforceable for any reason, such provision shall be

reformed only to the extent necessary to make it enforceable, and such decision shall not affect

the enforceability of such provision under other circumstances, or of the remaining provisions

hereof under all circumstances.