46
LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF LICENSOR
(INCLUDING ITS AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND
DISTRIBUTORS) TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES ARISING FROM THIS
AGREEMENT, RELATING TO THE EPIPHAN HARDWARE PRODUCTS, SOFTWARE, DOCUMENTATION AND/OR
RELATING TO ANY SERVICES PROVIDED TO YOU BY LICENSOR (INCLUDING ITS AFFILIATES AND ITS AND THEIR
LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND DISTRIBUTORS) IN RELATION TO THE EPIPHAN
HARDWARE PRODUCTS, SOFTWARE AND/OR DOCUMENTATION, EXCEED THE LICENSE FEES PAID BY YOU FOR
THE SOFTWARE.
NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, NEITHER LICENSOR NOR ANY OF ITS
AFFILIATES OR ITS OR THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR DISTRIBUTORS
SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY WHATSOEVER IN RESPECT TO ANY
DIRECT, INDIRECT, RELIANCE, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOSS OF OR DAMAGE TO DATA, BUSINESS
INTERRUPTION, LOSS OF DATA, REPLACEMENT OR RECOVERY COSTS, OR OTHER COMMERCIAL OR ECONOMIC
LOSS, ARISING FROM OR RELATING TO ANY INFORMATION AND/OR DATA THAT MAY BE PROCESSED BY OR
MADE AVAILABLE USING ANY EPIPHAN HARDWARE PRODUCT AND/OR SOFTWARE OR ARISING FROM OR
RELATING TO ANY THIRD-PARTY SERVICE THAT MAY BE ACCESSIBLE USING ANY EPIPHAN HARDWARE
PRODUCT AND/OR SOFTWARE.
THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY
CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT, BUT FOR THE DISCLAIMER
OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY, NEITHER LICENSOR
NOR ANY OF ITS AFFILIATES OR ITS OR THEIR LICENSORS, SUPPLIERS, RESELLERS OR DISTRIBUTORS WOULD
GRANT THE RIGHTS GRANTED IN THIS AGREEMENT.
7. Term and Termination:
This Agreement shall continue for as long as You use the Software; however, it may be
terminated sooner as provided in this Section 7. You may terminate this Agreement by destroying all copies of the
Software and Documentation under Your control and providing certification of such destruction to Licensor or by
returning the Software to Licensor. Licensor may terminate this Agreement immediately by providing You with
written notice if: (a) You are in material breach of any provision of this Agreement, which breach, if capable of being
cured, is not cured within thirty (30) days after Licensor gives You written notice thereof; or (b) You have committed a
non-curable material breach of this Agreement. Upon termination You shall destroy all copies of the Software and
Documentation. In addition to this Section, the Sections entitled Definitions, Disclaimer of Warranties, Limitation of
Liability, Title, Indemnities, High-Risk Activities, Intellectual Property, and General shall continue in force even after
any termination of this Agreement. No termination of this Agreement will entitle You to a refund of any amounts paid
by You to Licensor or any reseller or distributor or affect any obligations You may have to pay any outstanding
amounts owing to Licensor or any reseller or distributor. Upon any termination of this Agreement, Your license to the
Software and Documentation will terminate and You shall destroy all copies of the Software and Documentation
under Your control and certify such destruction to Licensor.
8. Support and Updates:
This Agreement does not grant You the right to any updates or enhancements of the
Software or the right to receive any technical support for the Software. Such updates and other technical support
services, if available, may be purchased separately from Licensor or one of Licensor’s resellers or distributors. Use of
any updates or enhancements to the Software provided pursuant to any technical support You may procure from
Licensor or one of Licensor’s resellers or distributors shall be governed by the terms and conditions of this
Agreement. Licensor reserves the right at any time not to release or to discontinue the release of any Software and to
alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other
characteristics of the Software.
9. Title:
All right, title, and interest (including all intellectual property rights) in, to, and under the Software (including
all copies thereof) shall remain with Licensor and its licensors.
