WARRANTY DISCLAIMER AFFECTS YOUR LEGAL RIGHTS, AND YOU MAY ALSO HAVE
OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME
JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES The Software is not fault-tolerant and is not designed, manufactured or
intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems,
air traffic control, direct life support machines, or weapons systems, in which the failure of the Software
could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk
Activities"). The Author specifically disclaims any express or implied warranty of fitness for High Risk
Activities.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE AUTHOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING
OUT OF OR RELATING TO THE SOFTWARE OR THE USE THEREOF (INCLUDING BUT NOT
LIMITED TO LOST PROFITS OR OTHER ECONOMIC LOSS), EVEN IF THE AUTHOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE
AUTHOR'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER
THEORY OF LIABILITY, EXCEED THE FEE PAID BY YOU FOR THE SOFTWARE THAT IS THE
SUBJECT OF SUCH CLAIM. IF THE RELEVANT SOFTWARE WAS PROVIDED TO YOU AT NO
CHARGE YOU AGREE THAT THE AUTHOR SHALL NOT BE LIABLE TO YOU FOR ANY
DAMAGES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ADEQUATE
PROTECTION AND BACKUP OF THE DATA AND EQUIPMENT USED IN CONNECTION WITH
THE SOFTWARE OR SUBSCRIPTION SERVICES, AND FURTHER AGREE THAT THE AUTHOR
WILL NOT BE LIABLE FOR ANY DAMAGES THAT YOU MAY SUFFER IN CONNECTION
WITH DOWNLOADING, INSTALLING, OR USING THE SOFTWARE. IF YOU ELECT NOT TO
PURCHASE A LICENSE TO THE SOFTWARE, YOU FURTHER ACKNOWLEDGE THAT YOU
ARE PROVIDED A REASONABLE TIME FRAME TO EVALUATE THE SOFTWARE AND AT
THE END OF SUCH EVALUATION PERIOD YOU MAY ONLY ACCESS AND USE THE
SOFTWARE IF YOU PURCHASE A LICENSE TO THE SOFTWARE. YOU AGREE THAT THE
AUTHOR WILL NOT BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER IN
CONNECTION WITH THE TERMINATION OF SUCH EVALUATION PERIOD AND YOUR
INABILITY TO ACCESS AND USE THE SOFTWARE. THIS LIMITATION SHALL APPLY TO
CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW. THE LIMITATIONS
IN THIS SECTION ARE SEPARATE AND INDEPENDENT OF ANY OTHER REMEDY
LIMITATIONS IN THIS AGREEMENT AND SHALL NOT FAIL IF SUCH OTHER LIMITATION
OR REMEDY FAILS. THE FEES AND OTHER PROVISIONS IN THIS AGREEMENT REFLECT
THE ALLOCATION OF RISKS BETWEEN THE PARTIES. THIS SECTION IS AN ESSENTIAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
TERMINATION
This Agreement shall terminate automatically if you fail to comply with the terms of this Agreement. This
Agreement shall terminate if you do not purchase a license to the Software within a period of 30 calender
days from the date the Software is first installed by you. No notice shall be required from the Author to
effect such termination. You may also terminate this Agreement at any time by uninstalling and
destroying all copies of the Software.
ENTIRE AGREEMENT
