EPESP0909 User's Guide

6. LIM ITATION OF LIABILITY: NEITHER LICENSOR NOR ANY OF ITS LICENSORS, SUPPLIERS,
SUBCONTRACTORSAND/ OR DISTRIBUTORSSHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER
PERSON OR ENTITY FOR ANY DAMAGES ARISING FROM THIS AGREEMENT, RELATING TO THE
SOFTWARE OR DOCUMENTATION, OR RELATING TO ANY SERVICESPROVIDED TO YOU BY LICENSOR
(INCLUDING ITSLICENSORS, SUPPLIERS, SUBCONTRACTORSAND/ OR DISTRIBUTORS) IN RELATION
TO THESOFTWARE AND/ OR DOCUMENTATION FOR ANY INDIRECT, RELIANCE, INCIDENTAL,
SPECIAL, PUNITIVE, EXEM PLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIM ITED TO,
LOSS OF REVENUE OR PROFIT, LOSS OF OR DAMAGETO DATA, BUSINESS INTERUPTION, LOSS OF
DATA, REPLACEM ENT OR RECOVERY COSTS, OR OTHER COM MERCIAL OR ECONOMIC LOSS,
WHETHER ARISING FROM CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCEOR STRICT
LIABILITY) OR ANY OTHER THEORY OF LIABILITY, EVEN IF LICENSOR (INCLUDING ITSLICENSORS,
SUPPLIERS, SUBCONTRACTORSAND DISTRIBUTORS) HASBEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR THEY ARE FORESEEABLE. THELIMITATIONS IN THIS SECTION SHALL APPLY
WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL
CONDITION OR TERM OR FUNDAMENTAL BREACH. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO
THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THETOTAL CUM ULATIVE
LIABILITY OF LICENSOR (INCLUDING ITSLICENSORS, SUPPLIERS, SUBCONTRACTORSAND
DISTRIBUTORS) TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES ARISING FROM
THIS AGREEMENT, RELATING TO THE SOFTWARE, DOCUMENTATION AND/ OR RELATING TO ANY
SERVICESPROVIDED TO YOU BY LICENSOR (INCLUDING ITSLICENSORS, SUPPLIERS,
SUBCONTRACTORSAND DISTRIBUTORS) IN RELATION TO THE SOFTWARE AND/ OR
DOCUMENTATION, EXCEED THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE.
THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF
LIABILITY CONSTITUTEAN ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGETHAT BUT
FOR THE DISCLAIM ER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF
LIABILITY, NEITHER LICENSOR NOR ANY OF ITSLICENSORSOR SUPPLIERSWOULD GRANT THE
RIGHTSGRANTED IN THIS AGREEM ENT.
7. Term and Termination: This Agreement shall continue for as long as You use the Software, however, it
may be terminated sooner as provided in this Section 7. You may terminate this Agreement by destroying all
copies of the Software and Documentation under Your control and providing certification of such destruction
to Licensor or by returning the Software to Licensor. Licensor may terminate this Agreement immediately by
providing You with written notice if: (a) You are in material breach of any provision of this Agreement, which
breach, if capable of being cured, is not cured within thirty (30) days after Licensor gives You written notice
thereof; or (b) You have committed a non-curable material breach of this Agreement. Upon termination You
shall destroy all copies of the Software. In addition to this Section, the Sections entitled Definitions, Disclaimer
of Warranties, Limitation of Liability, Title, High-Risk Activities, Intellectual Property, and General shall continue
in force even after any termination of this Agreement. No termination of this Agreement will entitle You to a
refund of any amounts paid by You to Licensor or affect any obligations You may have to pay any
outstanding amounts owing to Licensor. Upon any termination by Licensor, You shall destroy all copies of the
Software and Documentation under Your control and certify such destruction to Licensor.
8. Support and Updates: This Agreement does not grant You the right to any updates or enhancements of
the Software or the right to receive any technical support for the Software. Such updates and other technical
support services, if available,may be purchased separately from Licensor. Use of any updates or