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5.
Copying.
Customer may not copy the Licensed Software except that one copy of any separate software
component of the Licensed Software may be made to the extent that such copying is necessary for
Customer's own backup purposes.
6.
Open Source.
The Licensed Software may contain open source components licensed to Transcend
pursuant to the license terms specified as below,
(a)
GNU General Public License (GPL), the terms of which is currently available at
http://www.gnu.org/licenses/gpl.html
(b)
GNU Lesser General Public License (LGPL), the terms of which is currently available at
http://www.gnu.org/copyleft/lesser.html
and/or
(c)
Code Project Open License (CPOL), the terms of which is currently available at
http://www.codeproject.com/info/cpol10.aspx
The above license terms will control solely with respect to the open source components. In the event that
this Agreement conflicts with the requirements of the above one or more terms with respect to the use of the
corresponding open source components, Customer agrees to be bound by such one or more license terms.
7.
Disclaimer.
TRANSCEND MAKES NO WARRANTY AND REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL
COMPONENTS AND ACCURACY OF THE INFORMATION, LICENSED SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE LICENSED SOFTWARE FOR ANY
PURPOSE. ALL SUCH INFORMATION, LICENSED SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TRANSCEND HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, LICENSED
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL TRANSCEND BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTION WITH THE USE, PERFORMANCE OR ACCURACY OF THE LICENSED SOFTWARE OR
WITH THE DELAY OR INABILITY TO USE THE LICENSED SOFTWARE, OR THE PRODUCT WITH
WHICH THE LICENSED SOFTWARE IS ASSOCIATED, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRANSCEND HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
8.
Limitation of Liability.
IN ANY CASE, TRANSCEND 'S LIABILITY ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE TOTAL AMOUNT ACTUALLY AND
ORIGINALLY PAID AT RETAIL BY CUSTOMER FOR THE PRODUCT. The foregoing Disclaimer and
Limitation of Liability will apply to the maximum extent permitted by applicable law. Some jurisdictions do not
allow the exclusion or limitation of incidental or consequential damages, so the exclusions and limitations set
forth above may not apply.
9.
Termination.
Transcend may, in addition to any other remedies available to Transcend, terminate this
Agreement immediately if Customer breaches any of its obligations under this Agreement.
