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DEALING.
7. No Liability. IN NO EVENT SHALL TECHNESIS OR ANY OF ITS DISTRIBUTORS BE LIABLE FOR
ANY CLAIMS AGAINST YOU BY ANY THIRD PARTY RELATING TO ANY SOFTWARE OR YOUR
USE OF ANY SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF INFRINGEMENT
OF ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL TECHNESIS OR ANY OF ITS DISTRIBUTORS BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR
NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF
BUSINESS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR LOSS OF OTHER
SOFTWARE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF
TECHNESIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH
DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. IN ADDITION, IN NO EVENT
SHALL TECHNESIS OR ANY OF ITS DISTRIBUTORS BE LIABLE FOR THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
8. Support. Support for the Software is available from Technesis or its distributors under a separate
maintenance and support agreement upon payment of applicable annual maintenance and support
fees.
9. Government Licensee. If you are a government entity, then pursuant to the policy stated at 48 CFR
227.7202-1, as a U.S. Government user, you acknowledge that (i) the Software is commercial
computer software, (ii) this Agreement embodies the licenses customarily used by Technesis for
licenses in Software granted to the public, and (iii) the licenses set forth herein shall apply to all
possession, use and duplication of the Software by the Government (including you), except to the
extent which such licenses are inconsistent with Federal procurement law. Contractor/ manufacturer
is TECHNESIS INC, 1400 Terra Bella Ave., Suite C, Mountain View, CA 94043 USA.
10. Termination. Technesis may terminate this Agreement immediately upon written notice to you if (i)
you breach any material term of this Agreement and fail to cure such breach within thirty (30) days
following written notice to you, (ii) you violate any intellectual property right of Technesis in any
Software. Upon termination of this Agreement, for whatever reason, you will immediately return to
Technesis, or at Technesis' request destroy, all copies of the Software in you possession or under
you control, and you (if you are an entity, signed by one of your officers) shall certify to Technesis in
writing that you have done so.
11. Applicable Law. This Agreement shall be deemed entered into in the State of California, USA, and
the laws of the State of California, USA, excluding conflict of law rules and principles, shall exclusively
govern this Agreement, its interpretation and enforcement and the relations between the parties. The
application of the United Nations Convention on Contracts for the International Sale of Goods is
expressly excluded.
12. Miscellaneous. If any provision hereof is held invalid or unenforceable it shall be reformed only to the
extent necessary to make it enforceable. This Agreement sets forth the entire agreement between the
parties relating to the subject matter hereof and may be amended only by a writing executed by both
parties. The terms of this Agreement will govern and supersede all pre-printed terms and conditions
of purchase order or other business forms of either party.
13. Verification. You understand that Technesis may verify the information provided by you and may
contact you. Technesis has no obligation to provide any security code for the Software to you, unless,
among other things, Technesis is satisfied, in its discretion, that you are a bona fide end user
customer, and that the information provided by you to Technesis is accurate.
®
Technesis
, Inc.
Page 50 of 50
®
Technesis
, Inc.
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