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Limitations of Liability In no event shall the aggregate liability of Data Design relating to this Agreement or the subject matter hereof under

any legal theory (whether in tort, contract, or otherwise), including any liability for any loss or damages directly or indirectly suffered by

Licensee relating to the Source Code, exceed One Dollar ($1.00). IN NO EVENT SHALL DATA DESIGN BE LIABLE UNDER ANY LEGAL

THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE (a) FOR ANY LOST PROFITS, LOST REVENUE OR LOST BUSINESS,

(b) FOR ANY LOSS OF OR DAMAGES TO OTHER SOFTWARE OR DATA, OR (c) FOR ANY INCIDENTAL, INDIRECT,

CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF,

INCLUDING BUT NOT LIMITED TO THE DELIVERY, USE, SUPPORT, OPERATION OR FAILURE OF THE SOURCE CODE, EVEN IF

DATA DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF

THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. LICENSEE ACKNOWLEDGES THAT DATA DESIGN

HAS NO RESPONSIBILITY OR DUTY TO DEFEND, INDEMNIFY OR HOLD LICENSEE HARMLESS FROM AND AGAINST ANY

CLAIMS, SUITS, PROCEEDINGS, DAMAGES, LOSSES, COSTS AND EXPENSES, BASED ON PATENT OR OTHER INTELLECTUAL

PROPERTY CLAIMS.

U.S. Government Restricted Rights If Licensee is an agency or instrumentality of the United States Government, the Source Code and related

documentation are "commercial computer software" and "commercial computer software documentation", and pursuant to FAR 12.212 or

DFARS 227.7202, and their successors, as applicable, use, reproduction and disclosure of the Source Code and related documentation are

governed by the terms of this Agreement.

Severability If any provision of this agreement is held by a court of competent jurisdiction to be legally ineffective or unenforceable, such

provision shall be reformed only to the extent necessary to make it enforceable and the validity of the remaining provisions shall not be affected.

DDC TR122 User Manual

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