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WARRANTIES
THE SOFTWARE IS PROVIDED TO LICENSEE IN “AS-IS” CONDITION WITH NO WARRANTY. STRADIS DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, MEDIA, RELATED
MATERIALS, SERVICES, AND CONTENT, INCLUDING ANY REPRESENTATION AND WARRANTY OF QUALITY OR
SECURITY, AND THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND
NONINFRINGEMENT. STRADIS DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES OR
CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS. IF LICENSEE IS A
RESIDENT OF A STATE THAT DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE
EXCLUSIONS DO NOT APPLY, AND THE IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM
THE EFFECTIVE DATE. IF LICENSEE IS A RESIDENT OF A STATE THAT DOES NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION DOES NOT APPLY. THIS WARRANTY MAY GIVE
LICENSEE SPECIFIC LEGAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
STRADIS DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY SERVICE OR CONTENT THROUGH THE
SOFTWARE OR CONTINUED ACCESS TO THE TRIAL VERSION OF THE SOFTWARE OR TO THE DATA ENTERED INTO
THE TRIAL VERSION OF THE SOFTWARE AFTER THE SPECIFIED NUMBER OF ALLOWED USES.
LIMITATION OF LIABILITY
IN NO EVENT WILL STRADIS, ITS SUBSIDIARIES, OR LICENSORS, OR ANY OF THE DIRECTORS, OFFICERS,
EMPLOYEES, OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO LICENSEE UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND
THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE
GOODS, TECHNOLOGY, OR SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF STRADIS OR A
REPRESENTATIVE OF STRADIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF A REMEDY
SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. STRADIS’S CUMULATIVE LIABILITY
FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED
TO THE AMOUNT OF MONEY PAID TO STRADIS FOR THE PURCHASE OF THE LICENSE OF THE SOFTWARE THAT
CAUSED THE DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OF INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH
ABOVE MAY NOT APPLY TO LICENSEE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STRADIS AND LICENSEE. STRADIS WOULD NOT HAVE
PROVIDED THE SOFTWARE WITHOUT SUCH LIMITATIONS.
TERMINATION
Licensee may terminate this Agreement and the License granted hereunder by giving Stradis thirty (30) days prior written notice.
Stradis may terminate this Agreement and the License granted hereunder immediately without notice if: (a) Licensee fails to
comply with any term or condition of this Agreement or (b) Licensee shall become insolvent or shall make an assignment for the
benefit of its creditors or there shall be filed by or against Licensee any bankruptcy, receivership, reorganization, or other like
proceeding under any present or future debtor relief law. No portion of the fees paid to Stradis for Software shall be returnable or
refundable upon termination of this Agreement, whether such termination is by Licensee or by Stradis. Upon any termination of
this Agreement, Licensee must immediately cease all use of the Software and immediately destroy all complete and partial
copies of the Software, including all backup copies. Licensee shall certify to Stradis in writing that it has complied with the
preceding sentence.
EXPORT RESTRICTIONS
Licensee acknowledges and agrees that the Software is subject to restrictions and controls imposed by the Export Administration
Act and the Export Administration Regulations (the "Acts"). Licensee agrees and certifies that neither the Software nor any
direct product thereof is being or will be used for any purpose prohibited by the Acts. Licensee agrees and certifies that Licensee
is not a citizen or permanent resident of Cuba, Iran, Iraq, North Korea, Libya, Sudan or Syria.
U.S. GOVERNMENT
The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer
software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and the
Department of Defense Federal Acquisition Regulations Sections 252.227-7014 (a) (1), (5). Consistent with 48 C.F.R. 12.212
and 48 C.F.R. 227-7202-1 through 227-7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software (or Licensed
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