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SUBCONTRACTORS, RESELLERS AND DISTRIBUTORS) TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES
ARISING FROM THIS AGREEMENT, RELATING TO THE EPIPHAN HARDWARE PRODUCTS, SOFTWARE, DOCUMENTATION
AND/OR RELATING TO ANY SERVICES PROVIDED TO YOU BY LICENSOR (INCLUDING ITS AFFILIATES AND ITS AND THEIR
LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND DISTRIBUTORS) IN RELATION TO THE EPIPHAN HARDWARE
PRODUCTS, SOFTWARE AND/OR DOCUMENTATION, EXCEED THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE.
NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, NEITHER LICENSOR NOR ANY OF ITS AFFILIATES OR ITS
OR THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR DISTRIBUTORS SHALL HAVE ANY LIABILITY TO
YOU OR ANY OTHER PERSON OR ENTITY WHATSOEVER IN RESPECT TO ANY DIRECT, INDIRECT, RELIANCE, INCIDENTAL,
SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR
PROFIT, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION, LOSS OF DATA, REPLACEMENT OR RECOVERY COSTS,
OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING FROM OR RELATING TO ANY INFORMATION AND/OR DATA THAT
MAY BE PROCESSED BY OR MADE AVAILABLE USING ANY EPIPHAN HARDWARE PRODUCT AND/OR SOFTWARE OR ARISING
FROM OR RELATING TO ANY THIRD-PARTY SERVICE THAT MAY BE ACCESSIBLE USING ANY EPIPHAN HARDWARE PRODUCT
AND/OR SOFTWARE.
THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY CONSTITUTE AN
ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT BUT FOR THE DISCLAIMER OF REPRESENTATIONS,
WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY, NEITHER LICENSOR NOR ANY OF ITS AFFILIATES OR ITS OR
THEIR LICENSORS, SUPPLIERS, RESELLERS OR DISTRIBUTORS WOULD GRANT THE RIGHTS GRANTED IN THIS AGREEMENT.
7. Term and Termination:
This Agreement shall continue for as long as You use the Software, however, it may be terminated sooner
as provided in this Section 7. You may terminate this Agreement by destroying all copies of the Software and Documentation under
Your control and providing certification of such destruction to Licensor or by returning the Software to Licensor. Licensor may
terminate this Agreement immediately by providing You with written notice if: (a) You are in material breach of any provision of this
Agreement, which breach, if capable of being cured, is not cured within thirty (30) days after Licensor gives You written notice thereof;
or (b) You have committed a non-curable material breach of this Agreement. Upon termination You shall destroy all copies of the
Software and Documentation. In addition to this Section, the Sections entitled Definitions, Disclaimer of Warranties, Limitation of
Liability, Title, Indemnities, High-Risk Activities, Intellectual Property, and General shall continue in force even after any termination of
this Agreement. No termination of this Agreement will entitle You to a refund of any amounts paid by You to Licensor or any reseller or
distributor or affect any obligations You may have to pay any outstanding amounts owing to Licensor or any reseller or distributor.
Upon any termination of this Agreement, Your license to the Software and Documentation will terminate and You shall destroy all
copies of the Software and Documentation under Your control and certify such destruction to Licensor.
8. Support and Updates:
This Agreement does not grant You the right to any updates or enhancements of the Software or the right
to receive any technical support for the Software. Such updates and other technical support services, if available, may be purchased
separately from Licensor or one of Licensor’s resellers or distributors. Use of any updates or enhancements to the Software provided
pursuant to any technical support You may procure from Licensor or one of Licensor’s resellers or distributors shall be governed by
the terms and conditions of this Agreement. Licensor reserves the right at any time not to release or to discontinue the release of any
Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or
other characteristics of the Software.
9. Title:
All right, title, and interest (including all intellectual property rights) in, to, and under the Software (including all copies thereof)
shall remain with Licensor and its licensors.
10. Indemnities:
You shall indemnify, defend and hold Licensor, its affiliates, its and their licensors, suppliers, subcontractors,
resellers and/or distributors and all of the directors, officers, employees of all of the foregoing (collectively the “Indemnified Parties”)
harmless from and against any damages, losses, liabilities, expenses, costs, claims, demands, actions, suits and/or proceedings