License Information
81
herein and that is returned to Pinnacle. This limited warranty shall be void if
failure of the Software has resulted from any accident, abuse, misuse or
misapplication by you. Any replacement Software will be warranted for the
remainder of the original warranty period or 30 days, whichever is longer.
9. NO OTHER WARRANTIES.
EXCEPT AS SET FORTH ABOVE, THE
SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. YOU ASSUME ALL
RESPONSIBILITIES FOR THE QUALITY AND PERFORMANCE OF THE
SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, PINNACLE DISCLAIMS ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR
PURPOSE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS,
BE UNINTERRUPTED OR ERROR FREE.
10. LIMITATION OF LIABILITY.
YOU AGREE THAT IN NO EVENT
WILL PINNACLE BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL,
INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER,
EVEN IF PINNACLE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL PINNACLE’S LIABILITY
EXCEED THE TOTAL AMOUNT OF THE FEES PAID FOR THE
SOFTWARE. Some states/jurisdictions do not allow the limitation or exclusion
of incidental or consequential damages in certain circumstances, so the above
limitations may not apply in some circumstances.
11. General.
This License is governed by the laws of the State of California and
by the federal laws of the United States, without reference to conflict of laws
principles. The federal and state courts within the County of Santa Clara,
California shall have excusive jurisdiction to adjudicate any dispute arising out
of this License and you hereby consent to the personal jurisdiction of the federal
and state courts within the County of Santa Clara, California. This License is
the entire agreement between you and Pinnacle and supersedes any other
communication with respect to the Software. No modification of or amendment
to this License will be effective unless in writing signed by both parties. If any
provision of this License is held invalid or unenforceable, the remainder of this
License will continue in full force and effect.
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