PenPower is unable to promise nor warrant that there will be absolutely no risk of loss
or damage of information, or any other kind of loss, during installation and/or execu-
tion of the Software. You must be fully aware of your risks in using the Software.
PenPower will provide you with the Software and support services in respect of the
Software to the maximum extent permitted by law. However, PenPower does not war-
rant that the Software and information included in the package of the Software contain
no defects or errors. PenPower is not liable for any indirect, special or incidental
loss arising from the Software, including but not limited to loss of profits, damage to
business reputation, cessation of work, hardware malfunction or damage, or any other
commercial damage or loss arising from commercial use of the Software.
7. Limitation of Liability and Damages
The maximum amount of compensation payable by PenPower, in respect of any dam-
age incurred by you for any reason under this Agreement, is limited to the amount you
have already paid to PenPower in respect of the Software.
Under no circumstances will PenPower be held liable for the possibility of loss, not-
withstanding PenPower may be aware of the possibility of such loss.
8. Prohibition Against Sublicense
You are prohibited to assign the license in respect of the Software granted to you
under this Agreement, or to grant a sublicense to another person.
9. Jurisdiction
With regards to any disputes arising from this Agreement, PenPower and you agree
that the court having jurisdiction over the business location of PenPower will be the
court in the first instance.
10. Miscellaneous
In the event that any provision of this Agreement is found to be invalid at law, such in-
validity will not affect the validity of any other provisions, or the legal enforceability
of such other provisions.
In the event that the Software cannot be executed under conditions of normal use, due
to any damage to the original disk/s, PenPower will replace the disk/s free of charge.
