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8. Limitation of Liability
EXCEPT FOR THE EXCLUSIVE REMEDY OFFERED BY METLOGIX ABOVE AND ANY REMEDIES
THAT CANNOT BE EXLCUDED OR LIMITED UNDER LAW, METLOGIX, ITS AFFILIATES, SUPPLIERS
AND CERTIFICATE AUTHORITIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES,
CLAIMS, OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR
INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING
FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF
CARE, OR CLAIMS BY THIRD PARTY, EVEN IF ANY METLOGIX REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS. IN ANY EVENT,
METLOGIX’ AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS, AND
CERTIFICATE AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE
LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY
EVENT IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE
FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT
THE FORECOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY
APPLICABLE LAW IN YOUR JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN
SOME JURISDICTIONS. YOU MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER
PROTECTION AND OTHER LAWS. METLOGIX DOES NOT SEEK TO LIMIT YHOUR WARRANTY OR
REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW.
9. Export Rules
You acknowledge that the Software is subject to the U.S. Export Administration Regulations and other
export laws, restrictions, and regulations (collectively the “Export Laws”) and that you will comply with the
Export Laws. You will not ship, transfer, export, or re-export the Software, directly or indirectly, to: (a) any
countries that are subject to US export restrictions (currently including, but not necessarily limited to,
Cuba, Iran, North Korea, Sudan, and Syria) (each, an “Embargoed Country”), (b) any end user who you
know or have reason to know will utilize them in design, development or production of nuclear, chemical
or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air
vehicle systems (each, a “Prohibited Use”), or (c) any end user who has been prohibited from
participating in U.S. export transactions by any federal agency of the U.S. government (each, a
“Sanctioned Party”). In addition, you are responsible for complying with any local laws in your jurisdiction
which may impact your right to import, export or use the Software. You represent and warranty that (i)
you are not a citizen of, or located within, an Embargoed Country, (ii) you will not use the Software for a
Prohibited Use, and (iii) you are not a Sanctioned Party. All rights to use the Software are granted on
condition that such rights are forfeited if you fail to comply with the terms of this agreement.
10. General Provisions
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance
of this Agreement, which will remain valid and enforceable according to its terms. This Agreement may
only be modified in writing, signed by an officer of MetLogix, Inc. The English version of this Agreement
will be the version used when interpreting or construing this Agreement. This is the entire Agreement
between MetLogix and you relating to the Software and it supersedes any prior representations,
discussion, undertakings, communications, or advertising relating to the Software.
11. Notice to U.S. Government End Users
For U.S. Government End Users, MetLogix agrees to comply with all applicable equal opportunity laws
including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the
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