User's Manual

5. DISCLAIMER OF WARRANTY:

THE SOFTWARE IS DEEMED ACCEPTED BY LICENSEE UPON IT'S USE BY LICENSEE. THE SOFTWARE IS PRO-

VIDED TO LICENSEE AS IS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY

APPLICABLE LAW. LICENSOR FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION,

ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON

INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOC-

UMENTATION REMAINS WITH LICENSEE. IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR

ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSO-

EVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUP-

TION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARYLOSS) ARISING OUT OF THIS AGREEMENT OR

THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBIL-

ITY OF SUCH DAMAGES. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE DOES NOT INCLUDE ANY

VIRUS OR DEFECTS, THE SOFTWARE ROUTINE OR OTHER SOFTWARE DESIGNED TO RESTRICT UNAUTHO-

RIZED ACCESS; OR TO DISABLE, ERASE OR OTHERWISE HARM THE SOFTWARE, HARDWARE, OR DATA; OR TO

PERFORM ANY OTHER SUCH ACTIONS AND LICENSOR HEREBY EXPRESSLY DISCLAIMS ANY AND ALL LIA-

BILITIES TO RESTORE ANY SUCH DEFECTS.

6. Indemnification:

Licensor will not have any liability to Licensee for, and Licensee will defend and hold Licensor harmless against, any claim,

expense, judgment, liability, or loss (including attorneys' fees and expert witnesses' expenses) based on Licensee's use of any con-

tent of the Software, arising from any intellectual property claim (including patent, trademark, copyright, or trade secret infringe-

ment), any right of publicity or privacy claim, or any defamation or unfair competition claim.

7. Termination.

Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee fails to comply with the terms and con-

ditions herein. Licensee may also terminate this Agreement at any time by destroying the Software and Documentation and all

copies thereof. The provisions of sections 2, 3, 4, 5, 6 and 7 shall survive any termination of this Agreement.