User Guide

98
c. NOTWITHSTANDING ANYTHING TO THE CONTRARY CON-
TAINED IN THIS LICENSE, LEI SHALL NOT BE LIABLE TO YOU OR
ANY THIRD PARTY, TO THE EXTENT PERMITTED UNDER APPLI-
CABLE LAW, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
PUNITIVE, MULTIPLE, INCIDENTAL, OR SPECIAL DAMAGES, LOST
PROFITS, LOST SAVINGS, OR TO THE EXTENT PERMITTED BY
LAW, DAMAGES RESULTING FROM DEATH OR INJURY TO ANY-
ONE, SUFFERED BY YOU OR ANY THIRD PARTY IN CONNECTION
WITH OR ARISING OUT OF THIS LICENSE, INCLUDING USE OF
ANY PRODUCTS, EVEN IF LEI HAS BEEN APPRISED OF THE LIKE-
LIHOOD OF SUCH DAMAGES OCCURRING.
d. LEI’s liability for other damages resulting from or relating to the Prod-
ucts, or the use thereof, shall be limited to and shall not exceed the lesser of
(i) the license fees or payments paid by You for use of the Products; or (ii)
LEI’s standard list price for the Products as of the Effective Date of this Li-
cense. LEI’s liability shall further be limited to direct damages suffered by
You.
6. Indemnification.
You shall indemnify and hold harmless, and at LEI’s
option defend, LEI and its affiliates, and their respective officers, directors,
employees, agents, successors and assigns from and against any and all
claims, damages and expenses, including legal fees, incurred directly or
indirectly by LEI or its affiliates, and their respective officers, directors,
employees, agents, successors and assigns that arise out of or relate to
breach or non-performance of this License by You.
7. Term and Termination.
This License shall commence on the date You
purchase the rights under this License (the "Effective Date"). This License
shall automatically terminate upon Your failure to comply with any of the
terms and conditions set forth herein. Upon the termination of this License
for any reason, (i) all licenses granted hereunder shall immediately cease;
(ii) You shall immediately cease and desist from all use of the Products;
and (iii) within ten (10) days after the effective date of termination, You
shall deliver to LEI all copies of the Products and any other materials de-
veloped by or belonging to LEI and provide a written certification from
Your duly authorized officer that all such materials have been returned.
Sections 2, 3, 4, 5, 6, 9, 10, and 11 shall survive the termination of this Li-
cense.
8. U.S. Government Rights.
Use, duplication, reproduction, release, modi-
fication, disclosure or transfer of the Products is restricted in accordance
with FAR 12.212 and DFARS 227.7202, and by this License. Certain of the
Products are © 1994-2004 by LEI. ALL RIGHTS RESERVED UNDER
THE COPYRIGHT LAWS OF THE UNITED STATES. For purposes of
any public disclosure provision under any federal, state or local law, it is