WESM zl Management and Configuration Guide WT.01.XX and greater

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.
7. Term and Termination. The term of this Agreement will begin on the
Effective Date, which shall be deemed to be the date of delivery of the Software
and/or Documentation and/or specifications to Licensee, and shall continue
indefinitely unless and until terminated by Licensee's giving written notice of
termination to InMon, or by InMon pursuant to InMon's termination rights as set
forth in Section 2.3 above. Upon any termination of this Agreement, Licensee
shall cease exercising its license rights under this Agreement, including the
right to distribute Products that incorporate the Software or Documentation
or that implement the Specifications. The rights and obligations contained in
Sections 1, 3, 5, 6, 7, and 8 shall survive any termination of this Agreement.
8. General Provisions.
8.1 Assignment. This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their permitted successors and permitted assigns.
InMon will have the right to assign this Agreement without notice to Licensee.
Licensee may assign or transfer(whether by merger, operation of law or in any
other manner) any of its rights or delegate any of its obligations hereunder
without the prior written consent of InMon, provided the assignee assumes in
writing all of Licensee's obligations hereunder.
8.2 Notices. All notices permitted or required under this Agreement shall be
in writing and shall be delivered in person or mailed by first class, registered
or certified mail, postage prepaid, to the address of the party specified in this
Agreement or such other address as either party may specify in writing. Such
notice shall be deemed to have been given upon receipt.
8.3 Non-Waiver. No term or provision hereof shall be deemed waived, and no
breach excused, unless such waiver or consent shall be in writing and signed by
the party claimed to have waived or consented. Any consent or waiver, whether
express or implied, shall not constitute a consent or waiver of, or excuse for
any separate, different or subsequent breach.
8.4 Independent Contractor. The parties' relationship shall be solely that of
independent contractors, and nothing contained in this Agreement shall be
construed to make either party an agent, partner, representative or principal of
the other for any purpose.
8.5 Choice of Law and Forum. This Agreement shall be governed by and construed
under the laws of the State of California, without giving effect to such state's
conflict of laws principles. The parties hereby submit to the personal
jurisdiction of, and agree that any legal proceeding with respect to or arising
under this Agreement shall be brought in, the United States District Court for