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connection with this agreement and the software, regardless of the form of the action giving rise to such liability (whether in contract,
tort or otherwise), exceed $100. Some jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental
damages so the above limitation or exclusion may not apply to you. You acknowledge and agree that this limited liability provision is a
fundamental part of the basis of Ideazon's bargain hereunder, and Ideazon would not be willing to provide the Software to you absent
such limitations.
7. TERMINATION.
You may terminate this Agreement at any time. This Agreement shall terminate automatically upon your breach of any term of this
Agreement. Upon termination, you shall destroy the Software and the backup copy, if any, you made pursuant to the Agreement.
8. GOVERNMENT END-USERS.
The Software is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and
"commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government End-Users acquire the Software with only those rights set forth herein.
9. EXPORT CONTROL.
The Software is subject to the export control laws of the United States and other jurisdictions. You may not export or re-export the
Software without the appropriate United States and foreign government licenses. You shall otherwise comply with all applicable
export control laws and shall defend, indemnify and hold Ideazon and all Ideazon suppliers harmless from any claims arising out of
your violation of such export control.
This Agreement shall for all purposes be governed by and interpreted in accordance with the laws in force in the State of California,
U.S.A., without regard to any provision that would cause the laws of another jurisdiction to apply. You agree to the non-exclusive
jurisdiction of the state and federal courts located there and the provincial and federal courts of Ontario, Canada in connection with
any dispute arising out of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods is
specifically disclaimed. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable for any
reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. This Agreement is the final, complete
and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous
understandings and agreements relating to such subject matter, whether oral or written.
By opening the software package or downloading, installing, or running the Software, you acknowledge that you have read this
Agreement, understand it and agree to be bound by its terms and conditions.
