WESM zl Management and Configuration Guide WT.01.28 and greater

B-56
License Statements
In the event InMon determines that Licensee is not complying with its
obligations under clauses (i)-(v) above, InMon shall notify Licensee of
such non-compliance, and if Licensee fails to correct such non-
compliance within three (3) months, InMon may immediately terminate this
Agreement as provided under paragraph 7 below and pursue any and all
actions and remedies as it deems necessary, including, but not limited to
breach of contract.
3. Ownership. Except for the license expressly granted in Section 2,
Inmon hereby retains all right, title, and interest in and to the
Trademark and all its Intellectual Property Rights in the Software, the
Documentation and the Specifications. Licensee obtains no rights
hereunder in the Trademark, Software, Documentation or Specifications by
implication, estoppel or otherwise. Licensee acknowledges that the
Trademark, Software, Documentation and Specifications are being licensed
and not sold under this Agreement, and that this Agreement does not
transfer title in the Trademark, Software, Documentation or
Specifications, or any copy thereof, to Licensee.
4. Support. Inmon shall have no obligation under this Agreement to
(a) supply
maintenance or support, bug fixes or error corrections to the Licensed
Software,
(b) supply future versions of the Licensed Software or (c) provide
Licensed Software development tools to Licensee.
5. Warranty. INMON HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS,
IMPLIED OR STATUTORY, WITH RESPECT TO THE TRADEMARK, THE SOFTWARE, THE
DOCUMENTATION, THE
SPECIFICATIONS. OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
OF ANY INTELLECTUAL PROPERTY RIGHTS.
6. Limitation of Liability. IN NO EVENT SHALL INMON OR ITS SUPPLIERS
OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL,
INDIRECT OR EXEMPLARY DAMAGES WHATSOEVER,WHETHER RELATED TO OR ARISING
OUT OF THIS AGREEMENT, THE TRADEMARK, THE SOFTWARE, THE DOCUMENTATION,
THE SPECIFICATIONS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR FOR ANY CLAIM OR DEMAND
AGAINST LICENSEE BY ANY OTHER PARTY, OR OTHER PECUNIARY LOSS, EVEN IF
INMON HAS BEEN ADVISED OF OR KNOWS OF THE POSSIBILITY OF SUCH DAMAGES.