5
6. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING
COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED
WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE.
7. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints,
or expenses connected with or resulting from Licensee's business operations.
8. Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material
breach by Licensee.
9. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
10. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software and
Manual. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor
and Licensee regarding this Software and Manual.
11. This License Agreement is governed by the laws of California for all servers installed in the US and Hong Kong for servers
installed in the rest of the world.
12. Licensor will not be liable for any errors, omissions, or any losses, injuries, or damages arising from use, misuse, improper
use of the Software and Manual. Use of the Software and Manual is entirely at Licensee’s own risk.
13. If there is any conflict between the English version of the Manual and any other language version of the Manual, the English
version shall prevail.
14. This License Agreement is valid without Licensor's signature. It becomes effective upon the earlier of Licensee's signature or
Licensee's use of the Software. By proceeding to use the Software, you agree to be bound by the terms and conditions
contained hereinabove.
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