User guide

KeylightThe Foundry
APPENDIX C
65
End User License Agreement
ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF WHETHER The Foundry KNOWS OR HAS REASON
TO KNOW OF LICENSEE'S PARTICULAR NEEDS. The Foundry does not warrant that the Software or Documentation
will meet Licensee's requirements or that Licensee's use of the Software will be uninterrupted or error free. No
employee or agent of The Foundry is authorized to modify this limited warranty, nor to make additional warranties.
No action for any breach of the above limited warranty may be commenced more than one (1) year after Licensee's
initial receipt of the Software. To the extent any implied warranties may not be disclaimed under applicable law, then
ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS AFTER DELIVERY OF THE SOFTWARE
TO LICENSEE.
SECTION 8. LIMITED REMEDY.
The exclusive remedy available to the Licensee in the event of a breach of the foregoing limited warranty, TO THE
EXCLUSION OF ALL OTHER REMEDIES, is for Licensee to destroy all copies of the Software, send The Foundry a writ-
ten certification of such destruction and, upon The Foundry's receipt of such certification, The Foundry will make a
replacement copy of the Software available to Licensee.
SECTION 9. INDEMNIFICATION.
Licensee agrees to indemnify, hold harmless and defend The Foundry and The Foundry's affiliates, officers, directors,
shareholders, employees, authorized resellers, agents and other representatives (collectively, the "Released Parties")
from all claims, defense costs (including, but not limited to, attorneys' fees), judgments, settlements and other
expenses arising from or connected with the operation of Licensee's business or Licensee's possession or use of the
Software or Documentation.
SECTION 10. LIMITED LIABILITY.
In no event shall the Released Parties' cumulative liability to Licensee or any other party for any loss or damages
resulting from any claims, demands or actions arising out of or relating to this Agreement (or the Software or Docu-
mentation contemplated herein) exceed the License Fee paid to The Foundry or its authorized reseller for use of the
Software. Furthermore, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO LICENSEE UNDER ANY THEORY
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAM-
AGES FOR LOSS OF BUSINESS OR LOSS OF PROFITS) OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, REGARDLESS OF WHETHER THE RELEASED PARTIES KNOW OR HAVE REASON TO KNOW OF THE POSSI-
BILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSEN-
TIAL PURPOSE. No action arising out of or related to this Agreement, regardless of form, may be brought by Licensee
more than one (1) year after Licensee's initial receipt of the Software; provided, however, to the extent such one (1)
year limit may not be valid under applicable law, then such period shall limited to the shortest period allowed by law.
SECTION 11. TERM; TERMINATION.
This Agreement is effective upon Licensee's acceptance of the terms hereof (by clicking on the "Accept" button) and
Licensee's payment of the License Fee, and the Agreement will remain in effect until termination. If Licensee breaches
this Agreement, The Foundry may terminate the License granted hereunder by notice to Licensee. In the event the
License is terminated, Licensee will either return to The Foundry all copies of the Software and Documentation in
Licensee's possession or, if The Foundry directs in writing, destroy all such copies. In the later case, if requested by