AND SOFTHEON AND
SOFTHEON'S LICENSORS (COLLECTIVELY REFERRED TO AS "SOFTHEON" FOR THE PURPOSES OF
SECTIONS 5 AND 6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO
THE Softheon SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF
SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET
ENJOYMENT,.
SOFTHEON DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT
OF THE SOFTHEON SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTHEON SOFTWARE
WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTHEON SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTHEON SOFTWARE WILL BE
CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOFTHEON OR AN
SOFTHEON AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
.
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON
APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND
LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL Softheon BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER
COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY
TO USE THE SOFTHEON SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF
LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Softheon HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Softheon's total
liability to you for all damages (other than as may be required by applicable
law in cases involving personal injury) exceed the amount of fifty dollars
($50.00).
The foregoing limitations will apply even if the above stated remedy
fails of its essential purpose.
Software Distribution Agreement - R 2011.02
Page 25
ADNAS-2011-001 DivineRune Software Distribution Agreement 2012-01-25 FINAL draft
7. Export Law Assurances.
You may not use or otherwise export or re-export the
Softheon Software except as authorized by United States law and the laws of the
jurisdiction in which the Softheon Software was obtained.
In particular, but
without limitation, the Softheon Software may not be exported or re-exported (a)
into (or to a national or resident of) any U.S. embargoed countries (currently
Cuba, Iran, Libya, North Korea, Sudan, and Syria) or (b) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Department of Commerce Denied Person's List or Entity List.
By using the
Softheon Software, you represent and warrant that you are not located in, under
control of, or a national or resident of any such country or on any such list.
8. Government End Users. The Softheon Software and related documentation are
"Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of
"Commercial Computer Software" and "Commercial Computer