User's Manual

Privaris BPID™ LFBT Security Device, V1.4

LICENSOR, ITS AFFILIATES, SUBCONTRACTORS, AND

REPRESENTATIVES FOR LOSS OR DAMAGE CAUSED BY ANY

FAILURE OF THE SOFTWARE TO OPERATE IN CONFORMITY WITH

THIS WARRANTY, REGARDLESS OF THE FORM OF ACTION,

WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE,

STRICT LIABILITY OR OTHERWISE, SHALL BE (1) THE REPAIR OR

REPLACEMENT OF THE SOFTWARE, PROVIDED THAT SUCH

SOFTWARE IS RETURNED IN ACCORDANCE WITH THE

CONDITIONS PROVIDED HEREIN OR (2) IF SUCH REPAIR CANNOT

BE MADE OR AN EQUIVALENT REPLACEMENT CANNOT BE

PROVIDED, THE REFUND OF AMOUNTS PREVIOUSLY PAID BY

YOU BETWEEN DISCOVERY OF THE FAILURE OF THE SOFTWARE

TO OPERATE IN CONFORMITY WITH THIS WARRANTY AND THE

RETURN OF THE SOFTWARE AS REQUIRED BY THIS AGREEMENT.

7. Limitations on Liability

. IN NO EVENT SHALL LICENSOR BE

LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, OR

CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, SAVINGS,

OR REVENUES OF ANY KIND, OR FOR LOST DATA OR DOWNTIME,

REGARDLESS OF WHETHER LICENSOR HAS BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE

LIABILITY OF LICENSOR TO YOUR ORGANIZATION FOR ALL

CLAIMS RELATING TO THE SOFTWARE OR THIS AGREEMENT,

REGARDLESS OF THE FORM OF ACTION, WHETHER IN

CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT

LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL

AMOUNT OF ALL FEES PAID TO LICENSOR HEREUNDER.

8. Miscellaneous

. The provisions of Sections 4, 6, 7 and this

Section

8 shall continue to apply in accordance with their terms,

notwithstanding the termination of this Agreement. References to "your

organization" or "you" herein, for purposes of establishing the permitted

use of the Software, shall include the operations of any direct or indirect

parent or subsidiary company or of any direct or indirect subsidiary

company of any such parent company. This Agreement and the rights

and obligations of the parties with respect to the Software shall be

governed by Virginia law, as it applies to a contract negotiated, executed,

and performed in that state and without giving effect to principles of

conflicts of law. Any legal action or proceeding arising under this

Agreement shall only be initiated in the courts of the Commonwealth of

Virginia. Execution and delivery of this Agreement by the parties

indicates their intent to submit their disputes, their persons and their

property, generally and unconditionally, to the jurisdiction of such courts.

Venue shall be proper in any such court. If any action is brought by either