User's Manual

information, or other pecuniary loss) arising out of this Agreement or the use of or
inability to use the Products, even if SecuGen has been advised of the possibility of
such damages. Because some 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. SecuGen’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 SecuGen,
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, copyright,
trademark, trade secret, or other proprietary rights of any third party, or resulting
from any breach of this Agreement by Licensee.
7. Termination. Without prejudice to any other rights, SecuGen 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 SecuGen. 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
SecuGen and Licensee which supersedes any proposal or prior agreement, oral or
written, and any other communication between SecuGen and Licensee relating to the
subject matter of this Agreement. This Agreement may not be modified except in