3.1.2 Matrix Server Third-Party Software

relevant documentation. The Notice is as follows: Copyright (c) 19xx GoAhead Software, Inc. All

Rights Reserved. Unless GoAhead otherwise instructs, the year 19xx is to be replaced with the year

during which the release of the Original Code containing the notice is issued by GoAhead. If this

year is not supplied with Documentation, GoAhead will supply it upon request.

4.4 No Modifications to Server Identification Field.

You agree not to remove or modify the Server identification Field contained in the Response Header

as defined in Section 1.6 and 1.7.

5. Warranty Disclaimers.

THE ORIGINAL CODE, THE DOCUMENTATION AND THE MEDIA UPON WHICH THE

ORIGINAL CODE IS RECORDED (IF ANY) ARE PROVIDED "AS IS" AND WITHOUT

WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A

PARTICULAR PURPOSE.

The entire risk as to the quality and performance of the Original Code (including any Modifications You

make) and the Documentation is with You. Should the Original Code or the Documentation prove

defective, You (and not GoAhead or its distributors, licensors or dealers) assume the entire cost of all

necessary servicing or repair. GoAhead does not warrant that the functions contained in the

Original Code will meet your requirements or operate in the combination that You may select for use,

that the operation of the Original Code will be uninterrupted or error free, or that defects in the Original

Code will be corrected. No oral or written statement by GoAhead or by a representative of GoAhead

shall create a warrantyor increase the scope of this warranty.

GOAHEAD DOES NOT WARRANT THE ORIGINAL CODE AGAINST INFRINGEMENT OR THE LIKE

WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER

PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE ORIGINAL

CODE DOES NOT INCLUDE ANY VIRUS, SOFTWARE ROUTINE OR OTHER SOFTWARE

DESIGNED TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM

SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS.

Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the

date You received the Original Code.

6. Limitation of Liability.

YOUR SOLE REMEDIES AND GOAHEAD'S ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO

EVENT WILL GOAHEAD OR ITS DISTRIBUTORS OR DEALERS BE LIABLE FOR DIRECT,

INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE

ORIGINAL CODE, THE INABILITY TO USE THE ORIGINAL CODE, OR ANY DEFECT IN THE

ORIGINAL CODE, INCLUDING ANY LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGE.

You agree that GoAhead and its distributors and dealers will not be LIABLE for defense or indemnity

with respect to any claim against You by any third party arising from your possession or use of the

Original Code or the Documentation.

In no event will GoAhead’s total liability to You for all damages, losses, and causes of action (whether in

contract, tort, including negligence, or otherwise) exceed the amount You paid for this product.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY

LASTS, AND SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF

INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR