Appendix C:
Apposite End User License Agreement
17
LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
7.
LIMITATION OF LIABILITY.
REGARDLESS WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS
ESSENTIAL PURPOSE, IN NO EVENT WILL APPOSITE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES,
INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION,
OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE
THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT AND
EVEN IF APPOSITE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT SHALL APPOSITE OR ITS SUPPLIERS’ LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), BREACH OF WARRANTY, OR OTHERWISE, EXCEED THE PRICE PAID FOR THE PRODUCT.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY WAIVE
CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO C
LAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.”
8.
TERM AND TERMINATION.
This Agreement takes effect upon your use of the Software and remains effective
until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation
in your possession. The licenses granted by Apposite herein will terminate immediately if you fail to comply
with any term or condition of this Agreement. You agree on termination of the licenses to cease all use of the
Software and Documentation. In addition, the provisions of the sections “U.S. Government Restricted Rights”
and “Export” shall survive t
ermination of this Agreement.
9.
EXPORT.
The Product, including the underlying technology, is subject to U.S. export control laws, and may be
subject to export or import regulations in other countries. You may not export or import the Product and the
underlying technology, directly or indirectly, in violation of these laws. You agree to comply strictly with all
such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export,
re-export, or import as may be required.
10.
U.S. GOVERNMENT RESTRICTED RIGHTS.
All Software and Documentation provided pursuant to this
Agreement qualifies as “commercial computer software” and “commercial computer software documentation”
pursuant to FAR 12.212 and DFAR 227.7202. The Software and Documentation are being licensed to U.S.
Government end users only as commercial items and with only those rights as are granted to all other end
users pursuant to the terms and conditions of this agreement.
11.
GENERAL PROVISIONS.
This Agreement will be governed by and construed in accordance with the laws of
the State of California without reference to its conflicts of law provisions. Any dispute arising out of or
relating to this Agreement shall be subject to the exclusive jurisdiction and venue of the courts sitting in Los
Angeles, California. This Agreement shall not be governed by either the Uniform Computer Information
Transactions Act (UCITA) or the United Nations Convention on Contracts for the International Sale of Goods
(CISG), the application of which is expressly excluded. If for any reason a court of competent jurisdiction
finds any provision of this Agreement, or any portion thereof, to be unenforceable, the remainder of this
Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between
the parties with respect to the Product and supersedes all prior or contemporaneous understandings
regarding such subject matter, whether written or oral, and supersedes any conflicting or additional terms
contained in any purchase order or elsewhere, all of which terms are excluded. No amendment to or
modification of this Agreement are binding unless in writing and signed by Apposite.
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