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of your receipt. This limited warranty shall be void if failure of the Software has resulted from any accident, abuse, misuse or
wrongful application. Any replacement Software will be warranted for the remainder of the original warranty period or thirty
(30) days, whichever is longer. This limited warranty shall not apply to you if the Software was provided to you free of charge on
an evaluation only basis.
10. NO OTHER WARRANTIES.
EXCEPT AS SET FORTH ABOVE, MMD AND ITS LICENSORS DO NOT WARRANT THAT THE
SOFTWARE WILL OPERATE ERROR FREE OR UNINTERRUPTED, OR WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL
RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION
OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
MMD AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY
OR COMPLETENESS OF RESULTS WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING MATERIALS. THERE IS NO
WARRANTY AGAINST INFRINGEMENT. MMD DOES NOT WARRANT THAT YOU WILL BE ABLE TO DOWNLOAD, COPY, STORE,
DISPLAY, TRANSFER, AND/OR PLAY SECURE CONTENT.
11. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL MMD OR ITS LICENSORS BE LIABLE FOR ANY
CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF
DATA, LOSS OF USE OR OTHER PECUNIARY LOSS, EVEN IF MMD OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL MMD’S OR ITS LICENSORS’ AGGREGATE LIABILITY FOR DAMAGES ARISING OUT
OF THIS AGREEMENT EXCEED THE GREATER OF THE PRICE ACTUALLY PAID BY YOU FOR THE SOFTWARE OR FIVE POUNDS
STERLING (5.00).
12. Trademarks.
Certain of the product and MMD names used in this Agreement, the Software, and the printed user
documentation may constitute trademarks of the MMD, its licensors or other third parties. You are not authorized to use any
such trademarks.
13. Export Administration.
You agree that you will not directly or indirectly, export or re-export the Software to any country for
which the United States Export Administration Act, or any similar United States law or regulation requires an export license or
other U.S. Government approval, unless the appropriate export license or approval has first been obtained. By downloading or
installing the Software you agree to abide by this Export provision.
14. Governing law.
This Agreement is governed by the laws of the Netherlands, without reference to its conflict of laws
principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of
Goods, the application of which is expressly excluded. Any dispute between you and MMD regarding this Agreement shall be
subject to the non-exclusive jurisdiction of the courts of the Netherlands. If for any reason a court of competent jurisdiction
finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and
effect.
15. General.
This Agreement contains the entire agreement between you and MMD and supersedes any prior representation,
undertaking or other communication or advertising with respect to the Software and user documentation. If any part of this
Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. This Agreement shall not
prejudice the statutory rights of any party dealing as a consumer.
