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direct life support machines and/or devices, or weapons systems), in which the failure of the
Product could lead directly to death, personal injury or severe physical or environmental damage,
and Company hereby agrees not to use or allow the use of the Product or any portion thereof for,
or in connection with, any such environment or activity.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CORETIGO, ITS OFFICERS,
DIRECTORS AND/OR EMPLOYEES, SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY PERFORMANCE OF THIS
AGREEMENT OR IN FURTHERANCE OF THE PROVISIONS OR OBJECTIVES OF THIS
AGREEMENT, INCLUDING BUT NOT LIMITED TO FOR ANY LOSS OR DAMAGE TO BUSINESS
EARNINGS, LOST PROFITS OR GOODWILL, LOST OR DAMAGED DATA OR DOCUMENTATION,
AND COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES SUFFERED BY
COMPANY AND/OR ANY ENTITY AND/OR PERSON ARISING FROM AND/OR
RELATED/CONNECTED TO ANY USE OF THE PRODUCT, EVEN IF CORETIGO IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. COMPANY’S SOLE RECOURSE IN THE EVENT OF ANY
DISSATISFACTION WITH THE PRODUCT IS TO STOP USING IT AND RETURN IT TO CORETIGO. IN
ANY EVENT, CORETIGO’S LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE
AMOUNTS ACTUALLY RECEIVED BY CORETIGO HEREUNDER.
13. Indemnification. Company hereby agrees that CoreTigo shall have no liability whatsoever for
any use made of the Product by Company or any third party. Company hereby agrees to defend,
indemnify, and hold harmless CoreTigo and its affiliates and their respective officers, directors,
and employees, from any and all claims, damages, liabilities, costs and expenses (including
reasonable attorney’s fees) arising from claims related to Company’s use of the Product, as well
as from Company’s failure to comply with the terms of this Agreement.
14. Third Party and Open-Source Software. The Product contains software provided by third
parties, and such third parties’ software is provided “AS IS” without any warranty of any kind, and
subject to the license terms attached to such third-party software, the provisions of this
Agreement shall apply to all such third-party software providers and third-party software as if they
were CoreTigo and the Product, respectively. In addition, this Product contains open-source
components. Such open-source components are protected under copyright law and are licensed
to under specific license terms. Please see the license.txt file included in the Product and
available for Company upon request for the applicable license terms of the open-source
components.
15. Confidentiality. All information disclosed by either party (“Disclosing Party”) to the other party
(“Receiving Party”), prior to or during the Evaluation Period, whether in writing, orally or in any
other form which is not in the public domain (“Confidential Information”), shall be held in absolute
confidence, and Receiving Party shall take all reasonable and necessary safeguards (affording
the Confidential Information at least the same level of protection that it affords its own information
of similar importance) to prevent the disclosure of such Confidential Information to third parties. In
addition, Receiving Party will limit its disclosure of the Confidential Information to employees and
consultants with a “need to know” and only in the context of such employees’ and consultants'
fulfillment of their duties under this Agreement, and further provided that such employees and
consultants are engaged in a confidentiality agreement with the Receiving Party with terms and
conditions similar to the confidentiality terms under this Agreement and that Receiving Party shall
remain liable for any breach of the terms herein by any of its employees and consultants. The
provisions of this paragraph shall survive termination or expiration of this Agreement, for any
reason whatsoever.
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