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6.
DISCLAIMER OF WARRANTY
AND THE DOCUMENTATION "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. All risk of quality and performance
of the Program, the device into which it is incorporated and the Documentation is with the Licensee.
Should any of the foregoing prove defective, you and not Licensor assume the entire cost of any service
and repair. This disclaimer of warranty constitutes an essential part of this agreement.
7.
LIMITATION OF REMEDIES
OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE PROGRAM, THE
DEVICE INTO WHICH IT IS INCORPORATED OR THE DOCUMENTATION, INCLUDING, BY WAY OF
ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPTOMARTUNITY,
OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM,
EVEN IF LICENSOR OR AN AUTHORIZED LICENSOR DEALER, DISTRIBUTOR OR SUPPLIER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY.
8.
Applicable Law; Dispute Resolution
without reference to conflicts of laws principles. The United Nations Convention on Contracts for the
Sale of Goods does not apply to this license. All disputes hereunder shall be settled in the state or
federal courts located in Orange County, California.
9.
Export Controls
or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, North Korea, Iran,
Syria, Sudan or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using the Program, you are agreeing to the foregoing and you
represent and warrant that you are not located in, under the control of, or a national or resident of any
such country or on any such list.
10.
U.S. Government End Users
customer which is a department, division, or agency of the United States Government shall contain
the following provision, or a substantially equivalent provision: U.S. GOVERNMENT RESTRICTED
RIGHTS LEGEND. Use, duplication, or disclosure of this software by the Government is subject to the
conditions set forth in FAR 12.212 and DFARS 227.720 and/or in similar or successor clauses in the FAR
or Supplements to it. Any and all use, duplication, transfers for any reason is restricted in accordance
with the terms and conditions of the Licensor's standard commercial license agreement which is
incorporated herein as though fully set forth. All other use, for any reason, is prohibited. Unpublished
rights are reserved under the Copyright Laws of the United States.
11.
No Other Agreements
respect to the Program and the Documentation, and supersedes any other written or oral agreement.
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. LICENSOR PROVIDES THE PROGRAM, THE PROPRIETARY IC
. IN NO EVENT WILL BE LIABLE FOR ANY INDIRECT DAMAGES
. This license will be governed by the laws of the State of California,
. The Program and the underlying information and technology may not be downloaded
. Every sale, license, or other distribution of any Licensee Product to a
. This Agreement constitutes the entire agreement between the Parties with
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