50
6. Termination. Should you breach this Agreement, your right to use the
Software shall terminate immediately and without notice. You may also
terminate this Agreement by simply discontinuing use of the Software. In
the event of any termination of this Agreement, the restrictions on your use
of the Software as set forth in Paragraph 2 ("Restrictions on Use") shall
survive such termination, and you agree to be bound by those terms.
7. No support by AOL. You understand that you use the Software and
Service at your own risk and that AOL provides no assistance or support for
your use of the Software or Service.
8. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS,"
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE
SOFTWARE IS (A) FREE OF DEFECTS OR ERRORS, (B) VIRUS FREE,
(C) ABLE TO MEET ANY REQUIREMENTS OF YOU OR ANYONE ELSE,
(D) ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, (E)
MERCHANTABLE, (F) FIT FOR A PARTICULAR PURPOSE OR (G) NON-
INFRINGING, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE
OF EXCLUSION. AOL SHALL HAVE NO LIABILITY WITH RESPECT TO
USE OF THE SOFTWARE.
9. Limitation of Liability. NEITHER AOL, ITS EMPLOYEES,
DISTRIBUTORS, SUPPLIERS, DIRECTORS, NOR AGENTS SHALL BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO LOST PROFITS AND LOST DATA, IN ANY WAY ARISING OUT OF OR
RELATING TO THIS AGREEMENT, EVEN IN THE EVENT SUCH PARTY
HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS,
AOL'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY
LAW.
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