MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE
LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL PURCHASE.
6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE IPG SOFTWARE
IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH
ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE IPG SOFTWARE IS
PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, IPG AND ITS SUPPLIERS FURTHER DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-
INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY
WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE
PRACTICE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE IPG SOFTWARE OR
RELATED MATERIALS REMAINS WITH YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IPG MAY MAKE CHANGES
TO THE IPG SOFTWARE AND HAS NO OBLIGATION TO DISTRIBUTE NEWER VERSIONS.
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.
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