5
PC Open’s entire liability under this Limited Warranty shall be the repair or replacement of any SOFTWARE that fails to
conform with this Limited Warranty or, at PC Open’s option, the return price paid for this license. PC Open shall have no
liability under this Limited Warranty unless the SOFTWARE is returned to PC Open or its authorized representative, with a
copy of the End User’s receipt, within the warranty period or 30 days, whichever is longer. (d) THIS WARRANTY IS IN
LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS
OF IMPLIED, SUBJECT TO CONTRARY ORDER PUBLIC REQUIREMENTS IN THE END USER’S JURISDICTION. (e)
The End User’s failure to return the enclosed registration card or complete the electronic registration included with the
SOFTWARE may result in PC Open’s inability to provide the End User with updates to the SOFTWARE, and the End
User assumes the entire risk of performance and result in such en event.
9. CONFIDENTIALITY AND CONTROL OF THE SOFTWARE.
The SOFTWARE, all associated documentation, and all
copies are secret and confidential to PC Open and shall be retained under the effective control of the End User during the
period of this License. The End User shall take all measures necessary to preserve confidentiality and secrecy in the
SOFTWARE during the period of this License and after its termination, however such termination may arise.
10. INDEMNITIES AND LIMITATION OF LIABILITY.
(a) Subject to 9(b) below, PC Open warrants to the End User that the
Software as supplied by PC Open will not infringe any copyright, patent, or other intellectual property right of any third
party. Conditionally upon the End User’s promptly giving notice to PC Open of any claim of alleged infringement and
allowing PC Open to have sole control of negotiations on, and any defense of the claim, PC Open shall in its discretion
and at its own cost wither compromise or defend the claim and shall hold the End User harmless from any resulting final
judgment, order, or settlement. PC Open shall have the right to replace or change the SOFTWARE so as to avoid
infringement and require the End User to accept a license to use such replaced or changed SOFTWARE in substitution
for this License, provided that the SOFTWARE as substituted is substantially suitable for the End User’s utilization. (b)
PC Open’s maximum liability to the End User under 9(a) above shall not exceed the License fees actually paid by the End
User for the SOFTWARE. If PC Open becomes aware of a potential claim under 9(a) above, PC Open shall be entitled
then or at anytime thereafter to discharge its liabilities (including potential, accruing, and accrued liabilities) to the End
User under 9(a) above by requiring the End User to surrender this License and to cease use of the SOFTWARE upon PC
Open’s paying to the End User a sum equivalent to the maximum amount of PC Open’s liability as stated above. (c)
GENERAL LIMITATION OF LIABILITY AND INDEMNITIES. PC OPEN’S MAXIMUM LIABILITY RELATED TO ANY OF
THE SOFTWARE SHALL NOT EXCEED THE LICENSE FEES ACTUALLY PAID BY THE END USER FOR THE
SOFTWARE.
FOR BELGIUM, FRANCE, IRELAND, AND THE NETHERLANDS:
IN NO EVENT SHALL PC OPEN BE LIABLE TO THE
END USER, EXCEPT IN RESPECT OF (a) DEATH, PERSONAL INJURY, OR DAMAGE TO PROPERTY CAUSED BY
PC OPEN’S NEGLIGENCE OR (b) PC OPEN’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, FOR AN
AMOUNT IN EXCESS OF THE MAXIMUM AMOUNT OF PC OPEN’S LIABILITY AS STATED IN 9(b) ABOVE, BY
REASON OF ANY REPRESENTATION OR IMPLIED WARRANTY, CONDITION, OR OTHER TERM OR ANY DUTY AT
LAW, OR UNDER THE TERMS OF THIS AGREEMENT, FOR ANY CONSEQUENTIAL LOSS OR DAMAGE (WHETHER
FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHERWISE)
ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION OF PC OPEN RELATING TO THE USE OR
INABILITY TO USE THE PRODUCT BY THE END USER.
FOR GREECE:
IN NO EVENT SHALL PC OPEN BE LIABLE TO THE END USER, EXCEPT IN RESPECT OF DEATH,
DAMAGE TO PROPERTY OR PERSONAL INJURY CAUSED BY PC OPEN’S FRAUD OR GROSS NEGLIGENCE, FOR
AN AMOUNT IN EXCESS OF THE MAXIMUM AMOUNT OF PC OPEN’S LIABILITY AS STATED IN 9(b) ABOVE, BY
REASON OF ANY REPRESENTATION OR IMPLIED WARRANTY, CONDITION, OR OTHER TERM OR ANY DUTY AT
LAW, OR UNDER THE TERMS OF THIS AGREEMENT, FOR ANY CONSEQUENTIAL LOSS OR DAMAGE (WHETHER
FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHERWISE)
ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION OF PC OPEN RELATING TO THE USE OR
INABILITY TO USE THE PRODUCT BY THE END USER.
FOR ITALY:
IN NO EVENT SHALL PC OPEN BE LIABLE TO THE END USER, EXCEPT IN RESPECT OF DEATH,
DAMAGE TO PROPERTY OR PERSONAL INJURY CAUSED BY PC OPEN’S FRAUD OR GROSS NEGLIGENCE OR
VIOLATION OF A DUTY ARISING FORM APPLICABLE ORDINE PUBBLICO RULES FOR AN AMOUNT IN EXCESS
OF THE MAXIMUM AMOUNT OF PC OPEN’S LIABILITY AS STATED IN 9(b) ABOVE, BY REASON OF ANY
REPRESENTATION OR IMPLIED WARRANTY, CONDITION, OR OTHER TERM OR ANY DUTY AT LAW, OR UNDER
THE TERMS OF THIS AGREEMENT, FOR ANY CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF
PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHERWISE) ARISING OUT OF OR
IN CONNECTION WITH ANY ACT OR OMISSION OF PC OPEN RELATING TO THE USE OR INABILITY TO USE THE
PRODUCT BY THE END USER.
FOR DENMARK, FINLAND AND NORWAY:
IN NO EVENT SHALL PC OPEN BE LIABLE TO THE END USER,
EXCEPT (i) IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY PC OPEN’S GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT OR (ii) IF SUCH LIABILITY LIMITATION IS UNREASONABLE UNDER ALL RELEVANT
CIRCUMSTANCES , FOR AN AMOUNT IN EXCESS OF THE MAXIMUM AMOUNT OF PC OPEN’S LIABILITY AS
STATED IN 9(b) ABOVE, BY REASON OF ANY REPRESENTATION OR IMPLIED WARRANTY, CONDITION, OR
OTHER TERM OR ANY DUTY AT LAW, OR UNDER THE TERMS OF THIS AGREEMENT, FOR ANY
CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR
OMISSION OF PC OPEN RELATING TO THE USE OR INABILITY TO USE THE PRODUCT BY THE END USER.
