3. LIMITATION OF LIABILITY
TOLIS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES ARISING UNDER THIS AGREEMENT OR IN CONNECTION WITH THE
SOFTWARE, REGARDLESS OF WHETHER ADVISED BEFOREHAND OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF TOLIS HEREUNDER EXCEED THE
SUM OF ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE CAUSE OF ACTION, IN TORT,
CONTRACT OR OTHERWISE.
4. GENERAL
Any action related to this Agreement shall be governed by the substantive laws of the State of Arizona,
without regard to conflicts of law principles. The State and Federal courts located in Maricopa County,
Arizona, shall have sole jurisdiction over any dispute arising hereunder, and the parties hereby consent
to the personal jurisdiction of such courts. Neither this Agreement, nor any rights hereunder, may be
assigned by operation of law or otherwise, in whole in part, by Client without the prior, written
permission of TOLIS. Any sale of more than fifty percent (50%) of the common voting stock of, or other
right to control, Client shall be deemed an assignment. Any purported assignment without such
permission shall be void. Any waiver of any rights of TOLIS under this Agreement must be in writing,
signed by TOLIS, and any such waiver shall not operate as a waiver of any future breach of this
Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such
portion shall be severed from this Agreement, and the remaining terms shall be separately enforced.
The parties agree that any breach or threatened breach of this Agreement by Client is likely to cause
TOLIS damage that is not fully reparable by payment of damages, and further agree that in such case
TOLIS shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights
hereunder. Client's performance hereunder and use of the Software shall at all times comply with all
applicable laws, rules and regulations, including those governing export of technical information, and
Client shall fully indemnify, defend and hold harmless
TOLIS against any violation thereof. This Agreement is the entire agreement between the parties with
respect to this subject matter, and supersedes any and all prior or contemporaneous, conflicting or
additional communications, negotiations or agreements.
Thank you for doing business with TOLIS Group, Inc.!
TOLIS Group, Inc.
8687 E Via de Ventura
Suite 115
Scottsdale, AZ 85258
[email protected]
http://www.tolisgroup.com
TEL: +1-480-505-0488
FAX: +1-480-505-0492
Additional products and utilities from TOLIS Group that may be used in conjunction with
the bruAPP/OS or BRU Server software may be covered under a different End User
License Agreement(s) (EULA). Please visit http://www.tolisgroup.com/legal/license for
information about other EULA's.
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