Installation Manual

Pivotal Commware® is a registered trademark of Pivotal Commware, Inc.

Page 29 of 32

11. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur for any reason whatsoever (including, without

limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of

Pivotal under any provision of this EULA and your exclusive remedy hereunder shall be limited to the greater of (a) the actual

damages you incur in reasonable reliance on the Product, up to the amount actually paid by you for the Product; or (b)

US$50.00. The foregoing limitations, exclusions and disclaimers (including Sections 9, 10 and 11) shall apply to the maximum

extent permitted by applicable law, even if any remedy fails its essential purpose.

12. U.S. GOVERNMENT END USERS. The Software is licensed only with "restricted rights" and as "commercial items" consisting

of "commercial software" and "commercial software documentation" with only those rights as are granted to all other end

users pursuant to the terms and conditions herein.

13. APPLICABLE LAW. This EULA is governed by the laws of the State of Washington, without regard to conflicts of laws

principles. This EULA shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the

application of which is expressly excluded. If a dispute, controversy or difference is not amicably settled, it shall be finally

resolved by arbitration in Seattle, Washington, USA, in accordance with the Arbitration Rules of the Washington State

Commercial Arbitration Board. The award of arbitration shall be final and binding upon the parties.

14. ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire agreement between you and Pivotal relating to the Product and

supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the

Product or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable

or illegal, the other provisions shall continue in full force and effect.