195
PERSON OR ENTITY FOR ANY DAMAGES ARISING FROM THIS AGREEMENT, RELATING TO THE
SOFTWARE OR DOCUMENTATION, OR RELATING TO ANY SERVICES PROVIDED TO YOU BY LICENSOR
(INCLUDING ITS LICENSORS, SUPPLIERS, SUBCONTRACTORS AND/OR DISTRIBUTORS) IN RELATION TO
THE SOFTWARE AND/OR DOCUMENTATION FOR ANY 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 INTERUPTION, LOSS OF DATA,
REPLACEMENT OR RECOVERY COSTS, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER
ARISING FROM CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY
OTHER THEORY OF LIABILITY, EVEN IF LICENSOR (INCLUDING ITS LICENSORS, SUPPLIERS,
SUBCONTRACTORS AND DISTRIBUTORS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR THEY ARE FORESEEABLE. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE
ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR
FUNDAMENTAL BREACH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY
TO YOU. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF LICENSOR (INCLUDING ITS
LICENSORS, SUPPLIERS, SUBCONTRACTORS AND DISTRIBUTORS) TO YOU OR ANY OTHER PERSON OR
ENTITY FOR ANY DAMAGES ARISING FROM THIS AGREEMENT, RELATING TO THE SOFTWARE,
DOCUMENTATION AND/OR RELATING TO ANY SERVICES PROVIDED TO YOU BY LICENSOR
(INCLUDING ITS LICENSORS, SUPPLIERS, SUBCONTRACTORS AND DISTRIBUTORS) IN RELATION TO
THE SOFTWARE AND/OR DOCUMENTATION, EXCEED THE LICENSE FEES PAID BY YOU FOR THE
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 LICENSORS OR SUPPLIERS 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. In addition to this Section, the Sections entitled Definitions, Disclaimer
of Warranties, Limitation of Liability, Title, 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 affect any obligations You may have to pay any outstanding
amounts owing to Licensor. Upon any termination by Licensor, 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. Use of any updates or enhancements
to the Software provided pursuant to any technical support You may procure from Licensor shall be governed
by the terms and conditions of this Agreement. Licensor reserves the right at any time not to release or to
