Acronis Recovery for Microsoft Exchange - User Guide User Manual download pdf (Page 5)

RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY LICENSEE. FURTHERMORE,

LICENSOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE

RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR

CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN

INFORMATION OR ADVICE GIVEN BY LICENSOR SHALL CREATE A WARRANTY OR IN ANY WAY

INCREASE THE SCOPE OF THIS WARRANTY.

Liability Limitations. LICENSOR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, OR

CONSEQUENTIAL DAMAGES RESULTING FROM USE OF SOFTWARE UNDER ANY CONTRACT,

NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY. LICENSOR’S CUMULATIVE LIABILITY FOR

DAMAGES HEREUNDER, WHETHER IN AN ACTION IN CONTRACT, WARRANTY, TORT, NEGLIGENCE,

STRICT LIABILITY, INDEMNITY, OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT OF

LICENSE FEES PAID BY THE LICENSEE FOR THE SOFTWARE LICENSED UNDER THIS AGREEMENT.

THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF

ANY LIMITED REMEDY.

LICENSEE Indemnity. LICENSEE agrees to indemnify and defend LICENSOR, and hold it harmless from all

costs, including attorney’s fees, arising from any claim that may be made against LICENSOR by any third party

as a direct or indirect result of any use by LICENSEE of the Software,

Termination. This Agreement and the license may be terminated without fee reduction (i) by LICENSEE

without cause on thirty (30) days notice; (ii) by LICENSOR, in addition to other remedies, if LICENSEE is in

default and fails to cure within ten (10) days following notice; (iii) on notice by either party hereto if the other party

ceases to do business in the normal course, becomes insolvent, or becomes subject to any bankruptcy,

insolvency, or equivalent proceedings. Upon termination for any reason, LICENSEE shall immediately return

Software and all copies to LICENSOR and delete all Software and all copies from the Hardware.

Law. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, exclusive of its

conflicts of laws provisions and without regard to the United Nations Convention on Contracts for the

International Sale of Goods, and any suit under this Agreement shall exclusively be brought in a federal or state

court in Massachusetts. Any action against LICENSOR under this Agreement must be commenced within one

year after such cause of action accrues.

Government End Users. This provision applies to all Software acquired directly or indirectly by or on behalf of

the United States Government. The Software is a commercial product, licensed on the open market at market

prices, and was developed entirely at private expense and without the use of any U.S. Government funds. If the

Software is supplied to the Department of Defense, the U.S. Government acquires only the license rights

customarily provided to the public and specified in this Agreement. If the Software is supplied to any unit or

agency of the U.S. Government other than the Department of Defense, the license to the U.S. Government is

granted only with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the

restrictions set forth in subparagraph (c) of the Commercial Computer Software Restricted Rights clause of FAR

52.227-19.

Export Restriction. LICENSEE will not remove or export from the United States or the country originally

shipped to by LICENSOR (or re-export from anywhere) any part of the Software or any direct product thereof

except in compliance with applicable export laws and regulations, including without limitation, those of the U.S.

Department of Commerce.

Miscellaneous. This Agreement contains the entire understanding of the parties and supersedes all other

agreements, oral or written, including purchase orders submitted by LICENSEE, with respect to the subject

matter covered in this Agreement The delay or failure of either party to exercise any right provided in the

Agreement shall not be deemed a waiver. All notices must be in writing and shall be delivered by hand (effective

when received) or mailed by registered or certified mail (effective on the third day following the date of mailing).

The notices addressed to LICENSOR shall be sent to its address set out above. If any provision is held invalid,

all others shall remain in force. LICENSEE may not assign, pledge, or otherwise transfer this agreement, nor any

rights or obligations hereunder in whole or in part to any entity. Paragraph headings are for convenience and

shall have no effect on interpretation. In the event that it is necessary to undertake legal action to collect any

amounts payable or to protect or to defend against the unauthorized use, disclosure, distribution, of the Software

hereunder and/or other violation of this Agreement, LICENSOR shall be entitled to recover its costs and

expenses including, without limitation, reasonable attorneys' fees

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