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9. LIMITATION OF LIABILITY
The Company's maximum liability under any claim including any claim in respect of infringement
of the intellectual property rights of any third party shall be, at the option of the Company
either:
(a) return of a sum calculated as the price received for the System by the Company from its
immediate customer depreciated on a straight line basis over a one year write-off period; or
(b) repair or replacement of those components of the System that do not meet the warranties
contained within this Document.
The foregoing states the entire liability of the Company to the Licensee.
10. CONSEQUENTIAL LOSS
Even if the Company has been advised of the possibility of such damages, and notwithstanding
anything else contained herein the Company shall under no event be liable to the Licensee or to
any other persons for loss of profits or contracts or damage (whether direct or consequential)
arising in connection with the System or any modification, variation or enhancement thereof and
including any documentation or data provided by the Company or for any other indirect or
consequential loss.
11. ENTIRE AGREEMENT
The Company shall not be liable to the Licensee for any loss arising in connection with any
representations, agreements, statements or undertakings made prior to the date of supply of
the System to the Licensee.
12. TERMINATION
This Licence may be terminated forthwith by the Company if the Licensee commits any material
breach of any terms of this Licence. Forthwith upon such termination the Company shall have
immediate right of access to the System for the purpose of removing it.
13. SEVERABILITY
Notwithstanding that the whole or any part of any provision of this Document may prove to be
illegal or unenforceable the other provisions of this Document and the remainder of the
provision in question shall remain in full force and effect.
14. HEADINGS
The headings to the Clauses are for ease of reference only and shall not affect the interpretation
or construction of this Document.
15. LAW
This Document shall be governed by and construed in accordance with English law and all
disputes between the parties which cannot be resolved by negotiation shall be determined by
arbitration in England in accordance with the Arbitration Act 1950 and 1979.