Administration Manual

SYSTRAN Enterprise Server 6 - Administration Guide 71
duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of
accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of
negligence, all with regard to the Software, and the provision of or failure to provide support or other services,
information, software, and related content through the Software or otherwise arising out of the use of the
Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET
POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO
THE SOFTWARE.
16. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYSTRAN OR ITS
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR
CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL
INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH
OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER
LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO
USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER
SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR
OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN
CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT
(INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR
BREACH OF WARRANTY OF SYSTRAN OR ANY SUPPLIER, AND EVEN IF SYSTRAN OR ANY
SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any
reason whatsoever (including, without limitation, all damages referenced herein and all direct or general
damages in contract or anything else), the entire liability of SYSTRAN and any of its suppliers under any
provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement
elected by SYSTRAN with respect to any breach of the Limited Warranty) shall be limited to the greater of the
actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for
the Software or 5.00 Euros or US $5.00. The foregoing limitations, exclusions and disclaimers (including
Sections 14, 15 and 16) shall apply to the maximum extent permitted by applicable law, even if any remedy
fails its essential purpose.
18. TERMINATION. This EULA remains in force for the whole legal duration of the Software copyright.
Without prejudice to any other rights, SYSTRAN may terminate this EULA if you fail to comply with the terms
and conditions of this EULA. In such event, SYSTRAN shall keep the sums paid by you and you must (i)
immediately cease using the Software (ii) effect its de-installation and return to SYSTRAN within a period of
eight (8) days after notification of the termination, and (iii) destroy all copies of the Software and all of its
component parts. .
19. CONFIDENTIALITY. You agree not to disclose any documents or information communicated by
SYSTRAN in the course of the performance of this EULA and you also agree to have these measures
observed by your employees.
20. APPLICABLE LAW – DISPUTES. If you acquired the Software in The United States, this EULA is
governed by the laws of the State of California. If you acquired this Software in France, then French law
applies. If you acquired the Software in any other country, then local laws may apply.
21. FORCE MAJEURE. SYSTRAN shall not be held liable in case of impossibility or delay in performance of
the EULA due to labor disputes, force majeure or any other event beyond its control.
22. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum, amendment or
exhibits to this EULA which is included with the Software) is the entire agreement between you and
SYSTRAN relating to the Software and the support services (if any) and they supersede all prior or
contemporaneous oral or written communications, proposals and representations with respect to the