Technical data

8. NO OTHER WARRANTIES
EXCEPT FOR THE ABOVE EXPRESS LIMITED
WARRANTIES, SERIF AND ITS SUPPLIERS MAKE AND
LICENSEE RECEIVES NO WARRANTIES OR
CONDITIONS, OR TERMS, EXPRESS, IMPLIED,
STATUTORY, OR IN ANY COMMUNICATION WITH
LICENSEE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, SERIF AND ITS SUPPLIERS
DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT, WITH REGARD TO THE SOFTWARE
PRODUCT AND THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES. LICENSEE SHALL BE
SOLELY RESPONSIBLE FOR THE SELECTION, USE,
EFFICIENCY AND SUITABILITY OF THE SOFTWARE
PRODUCT AND SERIF SHALL HAVE NO LIABILITY
THEREFOR. SERIF SHALL HAVE NO LIABILITY FOR,
NOR OBLIGATION TO INDEMNIFY LICENSEE
REGARDING ACTIONS ALLEGING THE INFRINGEMENT
OF PROPRIETARY RIGHTS BY THE SOFTWARE
PRODUCT. SERIF DOES NOT WARRANT THAT THE
OPERATION OF THE SOFTWARE PRODUCT WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT THE
SOFTWARE PRODUCT WILL MEET LICENSEE’S
SPECIFIC REQUIREMENTS. The Limited Warranty gives you
specific legal rights. You may have others, which vary from
state/jurisdiction to state/jurisdiction.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL SERIF OR ITS SUPPLIERS BE LIABLE
FOR LOSS OF DATA, CORRUPTION, LOST PROFITS,
COST OF COVER, OR OTHER SPECIAL, INCIDENTAL,
PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES
ARISING FROM THE USE OF THE SOFTWARE PRODUCT
(INCLUDING ANY ACCOMPANYING
DOCUMENTATION), HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY. THIS LIMITATION WILL APPLY
EVEN IF SERIF OR AN AUTHORIZED DISTRIBUTOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. IN NO EVENT WILL SERIF’S LIABILITY
EXCEED THE AMOUNT PAID FOR THE SOFTWARE
PRODUCT. LICENSEE ACKNOWLEDGES THAT THE
AMOUNTS PAID BY LICENSEE FOR THE SOFTWARE
PRODUCT REFLECT THIS ALLOCATION OF RISK. Some
states or other jurisdictions do not allow the exclusion or
limitation of liability for incidental or consequential damages, so
the above limitations and exclusions may not be applicable in
certain instances. None of the above affects the statutory rights of
licensees residing in the United Kingdom.
10. NOT FOR RESALE SOFTWARE
If the Software Product is labeled “Not for Resale” or “NFR,”
then, notwithstanding section 1 of this License, your use of the
Software Product is limited to use for demonstration, test, or
evaluation purposes.
11. NO RENTAL; OTHER TRANSFERS
You may transfer this License to another computer or
workstation only on a permanent basis (that is, with no intent to
transfer again) provided the computer, workstation, or other
digital electronic device from which you have transferred this
License no longer accesses or otherwise utilizes the Software
Product, and the Software Product is used in accordance with the
terms of this License Agreement.
12. TERMINATION
You may terminate this License Agreement at any time. Serif may
terminate this License Agreement if you fail to comply with the
terms and conditions of this License Agreement. In either event,
you must destroy all copies of the Software Product.
13. UPGRADE
If this License is an “Upgrade,” you must have a valid license for
the Prior Software for this License Agreement to be valid, and
this License Agreement must be used to replace such license for
the Prior Software. The total number of license “Upgrades” you
may acquire may not exceed the total number of computers,
workstations, or other digital electronic devices that were
licensed to access or otherwise utilize the Software Product at the
time you upgraded the Software Product.
14. MISCELLANEOUS
This Agreement shall not be governed by the 1980 U. N.
Convention on Contracts for the International Sale of Goods;
rather, this Agreement shall be governed by the laws of the State
of New Jersey, of the United States of America, including the
Uniform Commercial Code of the State of New Jersey, without
reference to conflicts of law principles. This Agreement is the
entire Agreement between Serif and Licensee and supersedes any
other communications or advertising with respect to the Software
Product. If any provision of this Agreement is held invalid or
unenforceable, such provision shall be revised to the extent
necessary to cure the invalidity or non-enforceability, and the
remainder of this Agreement shall continue in full force and
effect. If the Software Product is acquired by the United States
Government or on its behalf, the Software is furnished with
restricted rights.
The use, duplication, or disclosure by the United States
Government and parties acting on its behalf is governed by, and
subject to restrictions as set forth in subdivision (c) (1) (ii) of the
Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013, the subparagraphs (c)(1) and (2) of the
Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, or other comparable regulations of other government
agencies, as applicable. Licensee agrees not to allow the Software
Product to be sent to or used in any other country except in
compliance with applicable United States laws and regulations.
This Agreement shall constitute the entire agreement between
Serif and Licensee and supersedes all prior agreements,
understandings, communications, proposals or representations,
oral or written, by either party. This Agreement shall be amended
only by an executed writing by authorized representatives of both
parties.