You acknowledge and agree that you have no rights to any upgrades, modifications, enhancements or
revisions that AirPrime may make to Mobile Connection Manager. AirPrime has no obligation to provide any
support of any sort.
7. NO LIABILITY. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS
APPLICATION IS ASSUMED BY YOU. NEITHER WE NOR OUR AFFILIATES, DISTRIBUTORS,
RESELLERS, SUPPLIERS, AGENTS, OFFICERS AND DIRECTORS SHALL HAVE ANY LIABILITY TO
YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES HOWSOEVER CAUSED
INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER INCLUDING, BUT NOT
LIMITED TO, LOSS OF REVENUE OR PROFIT, DAMAGES TO PROPERTY OR PERSONS, LOST OR
DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE, OR FOR CLAIMS
BY ANY THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES,
DISTRIBUTORS, RESELLERS, SUPPLIERS, AGENTS, OFFICERS AND DIRECTORS TO YOU SHALL
NOT EXCEED THE AMOUNT PAID BY YOU FOR MOBILE CONNECTION MANAGER. THIS SECTION
SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH, DEFAULT, NONPERFORMANCE OR
FAILURE IS A BREACH OF FUNDAMENTAL CONDITION OR TERM, OR A FUNDAMENTAL BREACH.
This section shall survive the termination or expiry of this Agreement.
8. TERMINATION. This Agreement is effective until terminated. All rights granted to you under this
Agreement will automatically terminate if you breach any of the terms and conditions of this Agreement. In
addition, either of us may terminate this Agreement at any time upon notice to the other party, for
convenience. Upon any termination of this Agreement, all licenses hereunder shall terminate, other than
end-user licenses previously entered into in accordance with the provisions and, during the term, of this
Agreement. Upon the termination of this Agreement, you will promptly erase all copies of Mobile Connection
Manager in your possession and shall discontinue all reproduction and distribution of applications or other
software developed that references elements of Mobile Connection Manager.
9. EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to
US export control laws and may be subject to export or import regulations in other countries. You agree to
comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain
such licenses to export, re-export, or import as may be required after delivery to you.
10. GENERAL. This Agreement is the entire agreement with respect to this application and supercedes any
other agreements or discussions, oral or written. This Agreement may not be changed except by a written
amendment signed by you and us. No provision of this Agreement may be waived except in writing by the
party giving the waiver. Only a signing officer of AirPrime has the authority on our behalf to change or waive
this Agreement.
If any provision or term of these terms and conditions is determined to be invalid or unenforceable, the
invalidity or unenforceability of that provision or term will not affect the validity or enforceability of the
remaining provisions and terms or the validity or enforceability of that provision or term in any other
jurisdiction.
This Agreement shall be governed and construed in accordance with the laws of the State of California. If
any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal or
unenforceable, such provisions shall be severed from the Agreement and the other provisions shall remain
in full force and effect.
Should you have any questions concerning this Agreement, you may write to:
AirPrime, Inc.,
Attn: Legal
2290 Cosmos Court
Carlsbad, CA 92009
USA
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