Black plate (14,1)
14. Disclaimer.
NEITHER IVONA NOR ANY
OF ITS AFFILIATES, DESIGNATED AGENTS,
LICENSORS OR SUPPLIERS SHALL BE LIABLE
FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT,
SPECIAL, OR PUNITIVE DAMAGES OF ANY
KIND, LOSS OF INFORMATION OR DATA, LOSS
OF REVENUE, LOSS OF BUSINESS OR OTHER
FINANCIAL LOSS ARISING OUT OF OR IN
CONNECTION WITH THE LICENSE GRANTED
HEREIN OR USE OF THE SOFTWARE, WHETHER
BASED IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT PRODUCT LIABILITY
OR ANY OTHER THEORY, EVEN IF IVONA HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND EVEN IF ANY LIMITED REMEDY
SPECIFIED IN THIS AGREEMENT IS DEEMED TO
HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some
countries, states, or provinces do not allow the
exclusion or limitation of implied warranties or the
limitation of certain types of damages so the above
limitations and exclusions may be limited in their
application to you. This warranty gives you specific
legal rights; you may have other rights that may
vary depending on local law. Your statutory rights
are not affected.
15. Limitation of Liability.
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW,
IVONA’S ENTIRE LIABILITY UNDER THIS
AGREEMENT WILL BE LIMITED TO REPLACEMENT
OR REPAIR OF THE SOFTWARE.
16. Export.
The Software or the Product may be
subject to export laws and regulations. You will
comply with all domestic and international export
laws and regulations that apply to the Software or
the Product.
17. Governing Law.
To the extent permitted by
applicable law, this Agreement will be governed
by and interpreted in accordance with the laws of
the State of New York, U.S.A., without regard to
its conflicts of law provisions. The United Nations
Convention on Contracts for the International Sale
of Goods will not apply. Any dispute, controversy
or claim arising out of or relating to this Agreement
will be settled by the courts in New York County,
New York, and each party expressly consents to
the exclusive personal jurisdiction and venue
of such courts. To the extent applicable law
prohibits exclusive jurisdiction and venue in New
York County, New York for disputes under this
Agreement, jurisdiction and venue will be with any
court that has competent authority to resolve such
disputes.
18. Severability.
In the event any provision of
this Agreement is found to be invalid, illegal
or unenforceable, the validity, legality and
enforceability of any of the remaining provisions
shall not in any way be affected or impaired.
19. Entire Agreement.
This Agreement (together
with all applicable Purchase Orders that have been
accepted by IVONA) sets forth the entire agreement
between you and IVONA with respect to your use of
the Software (other than pursuant to an Evaluation
License), and supersedes all prior oral agreements,
statements and representations, with respect to
such subject matter, and may be amended only in
a writing signed by both parties. This Agreement
shall be applicable only in the absence of any
other written agreement entered into by you and
IVONA with respect to your use of the Software as
contemplated herein.
<CRD4949-A>14
Engb
14
Chapter
02
Introduction
