REV 1.0.8 (Last Modified March 1, 2021)
3 | 30
R E V 1 . 0 . 8
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL KDE DIRECT’S TOTAL LIABILITY TO
YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED
THE AMOUNT OF THE INDIVIDUAL PRICE OF THE KDECAN PROTOCOL SOFTWARE ON WHICH LIABILITY IS ASSERTED. THE FOREGOING
LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF THE USER IS NOT PREPARED TO
ACCEPT THE LIABILITY ASSOCIATED WITH THE USE OF THE KDECAN PROTOCOL SOFTWARE, THEY ARE ADVISED TO RETURN THE
KDECAN PROTOCOL SOFTWARE IMMEDIATELY TO KDE DIRECT OR AN AUTHORIZED DEALER.
7.
Export Restrictions
. KDE DIRECT makes no representation that the Software is appropriate for use in your country of use. You
acknowledge that none of the Software or underlying information or technology may be downloaded or otherwise exported or re-
exported into (or to a national or resident of) any countries subject to U.S. trade embargo, or anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By using the Software, you are
agreeing to the foregoing, and are representing and warranting that you are not located in or under the control of a national or resident
of any such country or on any such list.
8.
Indemnity.
You hereby agree to indemnify, defend and hold KDE DIRECT and its authorized licensors harmless from and against
any and all liabilities, damages, claims, fines and expenses (including reasonable attorneys' fees and costs) arising out of any breach
of this Agreement by you.
9.
Termination.
This License is effective until terminated. Your rights under this License will terminate automatically or otherwise
cease to be effective without notice from KDE Direct if you fail to comply with any term(s) of this License. Upon termination of the
License, you shall cease all use of the KDECAN Protocol Software and destroy all copies, full or partial, of the KDECAN Protocol Software.
Sections 1 and 3-8 of this License shall survive any such termination.
10.
Controlling Law and Severability
. This License will be governed by and construed in accordance with the laws of Oregon, without
reference to conflict of laws principles. The sole forum for any disputes will be in Multnomah County, Oregon and any objections to
jurisdiction are hereby waived. This License shall not be governed by the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision,
or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
11.
Complete Agreement; Governing Language
. This License constitutes the entire agreement between you and KDE Direct relating
to the use of the KDECAN Protocol Software and supersedes all prior or contemporaneous understandings regarding such subject
matter. No amendment to or modification of this License will be binding unless in writing and signed by both parties.
