Reference Manual - Videx, Inc.

7.2 ExclusionsTHE LIMITED WARRANTY SET FORTH ABOVE IS THE EXCLUSIVE WARRANTY COVERINGTHE LICENSED SOFTWARE AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS,EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW THELICENSED SOFTWARE AND ANY SUPPORT SERVICES ARE PROVIDED "AS IS," WITH ALLFAULTS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. VIDEXSPECIFICALLY DISCLAIMS ALL OTHER PROMISES, REPRESENTATIONS OR WARRANTIES,EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENTOF THIRD PARTY RIGHTS AND ANY IMPLIED WARRANTY ARISING FROM COURSE OFPERFORMANCE OR COURSE OF DEALING.7.3 Limitation of LiabilityTO THE FULL EXTENT NOT PROHIBITED BY APPLICABLE LAW VIDEX SHALL NOT BELIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USEOF OR INABILITY TO USE THIS PRODUCT, WHETHER ARISING OUT OF CONTRACT,NEGLIGENCE, TORT, OR UNDER ANY WARRANTY, OR OTHERWISE, EVEN IF VIDEX HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BYANY OTHER PARTY. VIDEXS LIABILITY FOR DAMAGES IN NO EVENT SHALL EXCEED THECOST OF SOFTWARE LICENSED HEREUNDER. CERTAIN STATES DO NOT ALLOW THEEXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAINDAMAGES. IF SUCH LAWS APPLY, CERTAIN EXCLUSIONS OR LIMITATIONS MAY NOTAPPLY; HOWEVER, ALL OTHER RESTRICTIONS AND LIMITATIONS SHALL REMAIN INEFFECT.8. IndemnificationTO THE FULL EXTENT NOT PROHIBITED BY APPLICABLE LAW VIDEX EXPRESSLYDISCLAIMS ALL OBLIGATIONS TO INDEMNIFY, DEFEND, OR HOLD HARMLESS FORCLAIMS ARISING OUT OF THE USE OF THE LICENSED SOFTWARE.9. Generala) If any term or provision of this License is found to be invalid by any court of competentjurisdiction, they are to that extent omitted, and all other provisions shall remain in full force andeffect.b) You may not export or re-export the Software or any copy or adaptation in violation of anyapplicable laws or regulations.c) The Licensed Software and any related documentation are commercial items and thus,pursuant to Section 12.212 of the Federal Acquisition Regulations (FAR) and Defense FederalAcquisition Regulations (DFAR) Supplement Section 227.7202, Government's use, duplication ordisclosure of the Licensed Software is subject to the restrictions set forth by Videx. The LicensedSoftware was developed at private expense and was not developed with government funds. It is atrade secret of Videx for all purposes of the Freedom of Information Act.