User Guide

SYSTRAN Desktop 7 User Guide 319
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.