WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A P-ARTICU
LAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH
RESPECT TO THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE,
YOU (AND NOT LOUD Technologies Inc. OR AN AUTHORIZED REPRESENT-A
TIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
6. No Liability for Consequent IN NO Eial DamagVENT SHALL Les.OUD T-ech
nologies Inc. BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL,
INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE
USE OF THE LOUD Technologies Inc. SOFTWARE, EVEN IF LOUD Technologies
Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LOUD
Technologies Inc.S LIABILITY FOR ANY CLAIM, LOSSES, DAMAGES OR INJURY,
WHETHER CAUSED BY BREACH OF CONTRACT, TORT OR ANY OTHER THE- O
RY OF LIABILITY, SHALL NOT EXCEED THE LICENSE FEE PAID BY YOU. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMIT-A
TION OR EXCLUSIONS MAY NOT APPLY TO YOU.
7. Term. This Agreement is eaective until terminated. You may t-erminate this Agree
ment at any time by uninstalling the Software together with destroying any copies
in any form. This Agreement, including the license to use the So-ftware, will termi
nate automatically if you fail to comply with any term or condition
8. Upgrade Ls.OUD may at its discretion release upgrades to the Software. LOUD
has no obligation to oaer free or discounted upgrades to an-y end user of the Soft
ware.
9. Governing Law and Sev Terhis Aabilitygreemen.t will be governed by the laws of
the State of Washington and will be interpreted as if the agreement were made
between Washington residents and performed entirely within Washington. If for
any reason a court nds any provision of this License unenforceable, that provision
will be enforced to the maximum extent possible, and the remainder of the License
shall continue in full force and eaect.
10. Entire Agreemen This is the ent.tire agreement between you and L-OUD Technolo
gies Inc. AND supersedes any prior agreement, whether written or oral, relating
to the subject matter of this Agreement. No amendment or modication of this
agreement will be binding unless in writing and signed b-y a duly authorized repre
sentative of LOUD Technologies Inc.
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ACEC
