12
7. Limitation of Liability. NEITHER IPG NOR ANY OF ITS SUPPLIERS SHALL BE RESPONSIBLE OR
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR
OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS
OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER
THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE IPG SOFTWARE EVEN IF IPG OR ITS
SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY
FOR DISSATISFACTION WITH THE IPG SOFTWARE IS TO STOP USING THE IPG SOFTWARE. THE
SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO IPG FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR
OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR USE OF THE IPG
SOFTWARE. THESE LIMITATIONS MAY NOT APPLY TO YOU UNDER THE LAWS OF CERTAIN
JURISDICTIONS.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Export Law Assurances. You acknowledge that IPG Software is subject to U.S. and European
Union export jurisdiction. You agree to comply with all applicable international and national
laws that apply to the IPG Software, including the U.S. Export Administration Regulations, as
well as end-user, end-use and destination restrictions issued by U.S. and other governments.
9. Government End Users. The IPG Software and related documentation are “Commercial Items”,
as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and
“Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212
or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1
through 227.7202-4, as applicable, the Commercial Computer Software and Commercial
Computer Software Documentation are being licensed to U.S. Government end users (a) only as
Commercial Items and (b) with only those rights as are granted to all other end users pursuant
to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the
United States.
10. Controlling Law and Severability. This License will be governed by and construed in accordance
with the laws of the State of Massachusetts, as applied to agreements entered into and to be
performed entirely within Massachusetts between Massachusetts residents. This License shall
not be governed by the United Nations Convention on Contracts for the International Sale of
Goods, the application of which is expressly excluded. If for any reason a court of competent
jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this
License shall continue in full force and effect.
11. Complete Agreement; Governing Language. This License constitutes the entire agreement
between the parties with respect to the use of the IPG Software licensed hereunder and
supersedes all prior or contemporaneous understandings regarding such subject matter. No
amendment to or modification of this License will be binding unless in writing and signed by IPG.
Any translation of this License is done for local requirements and in the event of a dispute
between the English and any non-English versions, the English version of this License shall
govern.
B.6 Microsoft Corporation Embedded Software End User License Agreement
If your product includes Microsoft Corporation embedded software, then the following applies:
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