EULA
iv ©2019 CAE 905K560252 v1.0
CAELuna
7. Warranty
7.1 THE SOLE WARRANTIES PROVIDED BY CAE ARE LIMITED TO THE WARRANTIES PROVIDED IN THE HEPGTC. ANY
WARRANTIES PROVIDED ARE PERSONAL AND NOT TRANSFERABLE.
8. Limitation of Liability
8.1 CAE’S LIABILITY SHALL IN NO CIRCUMSTANCES EXCEED THE LIMITATION OF LIABILITY INDICATED IN THE
HEPGTC.
8.2 IN NO EVENT WILL CAE BE LIABLE FOR ANY LOSS OF USE, LOSS OF PROFIT, INTERRUPTION OF BUSINESS, OR
ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST
PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF CAE HAS BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CAE’S LIABILITY TO LICENSEE FOR ANY CLAIM,
WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE PURCHASE PRICE OF THE
PRODUCT PAID BY LICENSEE.
9. Third-Party Software
9.1 The Software may come bundled or otherwise be distributed with open source or other third party software,
which is subject to the terms and conditions of the specific license under which it is distributed. OPEN SOURCE
SOFTWARE IS PROVIDED BY CAE "AS IS" WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS EULA, AS IT
RELATES TO ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH OPEN SOURCE SOFTWARE, DELL
SHALL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL
DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF OPEN SOURCE
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Administrative Positions
10.1 Applicable Law and Jurisdiction: This License shall be governed by, subject to, and interpreted according
to the laws of the State of Florida, U. S. A., without regard to its conflict of law rules. In all cases, the Parties
expressly exclude and waive the application of the United Nations Convention on Commercial Agreements for
the International Sale of Goods (1980) (Vienna Sales Convention) as amended. The exclusive jurisdiction for the
resolution of any and all disputes arising out of or in connection with this Agreement shall be a court of
appropriate jurisdiction located in the State of Florida, U.S.A. Each Party hereby waives any right that it might
otherwise have to object to such venue or seek dismissal of the action on the basis of forum non-conveniens.
EACH PARTY HERETO IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND
ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS LICENSE.
Notwithstanding the foregoing, if a party seeks injunctive proceedings to preserve confidentiality obligations or
intellectual property rights, then it is entitled to seek relief before the competent court/body of any jurisdiction.
10.2 United States Government Licensee: If Licensee is the United States Government (“U.S. Government”) or
a unit or agency of the U.S. Government, the Software and Data are deemed to be “commercial computer
software” and “commercial computer software documentation”, respectively, pursuant to DFAR Section 227.7202
and FAR Section 12.212 b) as applicable. Any use, modification, reproduction, release, performance, display, or
disclosure of the Software and/or Data by the U. S. Government, or any of its units or agencies shall be governed
solely by the terms of this License and the HEPGTC. Any technical data provided by CAE with the Product that is
not covered by the above provisions is deemed to be "technical data-commercial items" pursuant to DFAR
Section 252.227.7015(a).
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