Release Notes

AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE
USE OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR
OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN EVENT OF FAULT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SYNCRO OR ANY
SUPPLIER, AND EVEN IF SYNCRO OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
ANY CASE, SYNCRO ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF
THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. Because some states and jurisdictions do not
allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, Syncro's
liability shall be limited to the greatest extent permitted by law and the limitations or exclusions of warranties and liability
contained herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the course
of business. The disclaimer and limited liability above are fundamental to this Agreement between Syncro and you. 9. HIGH RISK
ACTIVITIES 9.1. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line
control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities,
aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the
failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk
Activities"). Syncro and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. 10.
THIRD PARTY SOFTWARE 10.1. The Software or the WebHelp output generated by your use of the Software contains third
party software which requires notices and/or additional terms and conditions. The included third party software notices and/or
additional terms and conditions are located at http://www.oxygenxml.com/thirdparty-webhelp/index.html and are made a part
of and incorporated by reference into this Agreement. By accepting this Agreement, You are also accepting the additional terms
and conditions, if any, forth therein. 11. TERMINATION 11.1. You may terminate the Agreement at any time by destroying all
copies of the Software. Syncro may terminate the Agreement and license granted herein immediately if you breach any provision
of this Agreement or at the request of an authorized Syncro reseller in the event that you fail to make your license payment or
other monies due and payable. 12. EXPORT REGULATIONS 12.1. You acknowledge that the Software may be subject to export
restrictions of various countries. You shall fully comply with all applicable export license restrictions and requirements as well as
with all laws and regulations relating to the importation of the Software, in the United States and in any foreign jurisdiction in
which the Software is used. Without limiting the foregoing, the Software may not be downloaded or otherwise exported or re-
exported (i) into (or to a national or resident of) any 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 Denial Orders.
By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are
not located in, under the control of, or a national or resident of any such country or on any such list. 13. GENERAL 13.1. Syncro
makes efforts to provide updates or new versions of the Software, but Syncro reserves the right at any time not to release
updates or new versions of the Software or, if released, to alter prices, features, specifications, capabilities, functions, licensing
terms, release dates, general availability or other characteristics of the Software. 13.2. If any provision hereof shall be held
illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it
legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be
affected. 13.3. This Agreement will be governed by and construed in accordance with the laws of England and Wales. In the
event of any disputes arising out of the interpretation or performance of this Agreement, the parties shall endeavor to settle the
matter out of court prior to any court action. If no agreement can be reached to settle a dispute concerning the interpretation
or performance of this Agreement, the competent courts of England and Wales shall have exclusive jurisdiction. Service of
process upon either party shall be valid if served by registered or certified mail, return receipt requested and to the most current
address provided by such party. The United Nations Convention on Contracts for the International Sale of Goods shall not apply
to this Agreement. 13.4. You may not assign this Agreement in whole or in part, without Syncro prior written consent. Any
attempt by You to assign this Agreement without such consent will be null and void. 13.5. This Agreement constitutes the entire
agreement between Syncro and You related to the Software and supersedes any and all previous and contemporaneous
understandings or agreements between the parties with respect to the same subject matter. No purchase order, other ordering
document or any other document which purports to modify or supplement this Agreement shall add to or vary the terms and
conditions of this Agreement unless executed by both Syncro and You. Syncro's acceptance of any purchase order placed by
You is expressly made conditional on your assent to the terms set forth in this Agreement, and not those contained in your
purchase order, and such purchase order terms shall have no effect on this Agreement. All questions concerning this Agreement
shall be directed to [e-mail].
166
Third-party software