these prohibited purposes. You may not place the Li-
censed Product(s) on the Internet without a prior written
agreement with DMTI Spatial.
In no event shall DMTI Spatial or its third party suppli-
er(s) be liable to you or your organization for any indirect
damages including any lost profits, lost savings, inter-
ruption of business, loss of business opportunities or
other incidental or consequential damages, arising out of
your possession, use of, or inability to use the Licensed
Product(s), even if DMTI Spatial, its third party suppli-
er(s), or any authorized dealer, has been advised of the
possibility of the damages, or for any claim by any other
party. In no event shall DMTI Spatial have any liability
for damage in excess of the license fee paid for the
Licensed Product(s).
You shall indemnify and hold DMTI Spatial, its third
party supplier(s) and their officers, employees and
agents, harmless from and against any claim, demand or
action, irrespective of the nature of the claim, demand or
action, alleging loss, costs, damages, expenses, or injury
(including injury from death) resulting from your autho-
rized or unauthorized, use, possession, modification, or
alteration of the Licensed Product(s).
THE LICENSED PRODUCT(S) AND THE ASSOCIATED
WRITTEN MATERIALS IN CONNECTION THERE-
WITH ARE PROVIDED “AS IS” WITHOUT WAR-
RANTY OF ANY KIND, EITHER EXPRESSED OR IM-
PLIED,
ARISING
BY
LAW
OR
OTHERWISE,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF
EFFECTIVENESS,
COMPLETENESS,
ACCURACY,
MERCHANTABILITY OR FITNESS FOR A PARTICU-
LAR PURPOSE. THE ENTIRE RISK AS TO THE QUAL-
ITY AND PERFORMANCE OF THE LICENSED PROD-
UCT(S) IS WITH YOU, THE END USER. NO ORAL OR
WRITTEN ADVICE GIVEN BY DMTI SPATIAL OR ITS
DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES
CREATES A WARRANTY OR IN NAY WAY INCREASES
142
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