8. No Warranty
Effectiveness of a packaged software in handling information is closely related to its
software and hardware environment. The Software is published following careful de-
velopment and product testing by Penpower, but Penpower is not able to conduct tests
based on all possible combinations of software and hardware environment. Therefore,
Penpower is unable to promise nor warrant that there will be absolutely no risk of loss
or damage of information, or any other kind of loss, during installation and/or execution
of the Software. You must be fully aware of your risks in using the Software.
Penpower will provide you with the Software and support services in respect of the
Software to the maximum extent permitted by law. However, Penpower does not war-
rant that the Software and information included in the package of the Software contain
no defects or errors. Penpower is not liable for any indirect, special or incidental loss
arising from the Software, including but not limited to loss of profits, damage to busi
-
ness reputation, cessation of work, hardware malfunction or damage, or any other com-
mercial damage or loss arising from commercial use of the Software.
9. Limitation of Liability and Damages
Except as expressly specified and expressly agreed to in writing by Penpower, Penpow
-
er shall not be responsible for any damage incurred by you for any reason under this
Agreement, The maximum amount of compensation payable by Penpower, in respect
of any damage incurred by you for any reason under this Agreement, is limited to the
amount you have already paid to Penpower in respect of the Software.
Under no circumstances will Penpower be held liable for the possibility of loss, not-
withstanding Penpower may be aware of the possibility of such loss.
10. Prohibition Against Sublicens
e
You are prohibited to assign the license in respect of the Software granted to you under
this Agreement, or to grant a sublicense to another person.
11.Jurisdiction
With regards to any disputes arising from this Agreement, PenPower and you agree that
the court having jurisdiction over the business location of PenPower will be the court in
the first instance.
12.Miscellaneous
In the event that any provision of this Agreement is found to be invalid at law, such in-
validity will not affect the validity of any other provisions, or the legal enforceability of
such other provisions.
