A-2
WILL THE LICENSER BE LIABLE FOR DAMAGES, INCLUDING
ANY LOST PROFITS OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE SOFTWARE, NOTWITHSTANDING
THAT THE LICENSER HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, THE LICENSER WILL NOT
BE LIABLE FOR ANY SUCH CLAIM BY ANY OTHER PARTY.
VI. In the event of any breach by the Licensee of this Agreement, the
license granted hereby shall immediately terminate and the Licensee
shall return the software media and all written materials, together with
any copy of such media or materials, and the Licensee shall keep no
copies of such items.
VII.The interpretation of this Agreement shall be governed by the
following provisions:
A. This Agreement shall be construed pursuant to and governed by
the substantive laws of the State of Florida (and any provision of
Florida law shall not apply if the law of a state or jurisdiction other
than Florida would otherwise apply).
B. If any provision of this Agreement is determined by a court of
competent jurisdiction to be void and non-enforceable, such
determination shall not affect any other provision of this Agreement,
and the remaining provisions of this Agreement shall remain in full
force and effect. If any provision or term of this Agreement is
susceptible to two or more constructions or interpretations, one or
more of which would render the provision or term void or non-
enforceable, the parties agree that a construction or interpretation
which renders the term of provision valid shall be favored.
C. This Agreement constitutes the entire Agreement, and supersedes
all prior agreements and understandings, oral and written, among the
parties to this Agreement with respect to the subject matter hereof.
VIII.If a party engages the services of an attorney or any other third
party or in any way initiates legal action to enforce its rights under this
Agreement, the prevailing party shall be entitled to recover all
reasonable costs and expenses (including reasonable attorney’s fees
before trial and in appellate proceedings).
08M46E00_FaroArmUSB.book Page 2 Tuesday, February 17, 2009 1:42 PM
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