37
4.
Backup copy
After having installed a copy of the Software pursuant to this Agreement,
Licensee may make a single copy of the Software for backup and archival
purposes only, provided that any copy must contain all proprietary notices
included in the original. If another original medium becomes necessary
to use the Software on a computer under this Agreement, Licensee
may make a single copy of the Software. Except as specifically provided
herein, Licensee shall refrain from making copy of the Software or its
incidental documents such as user manual in any manner whatsoever.
5.
DISCLAIMER OF WARRANTY:
THE SOFTWARE IS DEEMED ACCEPTED BY LICENSEE UPON IT’S
USE BY LICENSEE.
THE SOFTWARE IS PROVIDED TO LICENSEE AS IS, WITHOUT
WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW. LICENSOR FURTHER DISCLAIMS ALL
WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON INFRINGEMENT. THE ENTIRE
RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE
PRODUCT AND DOCUMENTATION REMAINS WITH LICENSEE. IN
NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR
ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL,
PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF
THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE
PRODUCT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.LICENSOR DOES NOT
WARRANT THAT THE SOFTWARE DOES NOT INCLUDE ANY VIRUS
OR DEFECTS, THE SOFTWARE ROUTINE OR OTHER SOFTWARE
DESIGNED TO RESTRICT UNAUTHORIZED ACCESS; OR TO
DISABLE, ERASE OR OTHERWISE HARM THE SOFTWARE,