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11. Limitation of Liability
The Licensor's entire liability and your exclusive remedy shall be:
11.1
The replacement of any Installation Media either with new Installation Media or with the download of the
required installation.
11.2
Regardless of whether any remedy set forth herein fails of its essential purpose of otherwise, our maximum
aggregate liability under or in connection with this License whether in contract, tort (including negligence) or
otherwise, shall in all circumstances be limited to one hundred United States dollars (US$100).
12. Exclusion of Consequential Damages
IN NO EVENT SHALL LICENSOR OR ANY OF ITS SUPPLIERS BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR
SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO
LOSS OF REVENUES AND LOSS OF PROFITS, WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT
(INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF OR
IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF LICENSOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Nothing in this License Agreement limits liability for fraudulent
misrepresentation.
13. Your Statutory Rights
This License Agreement gives you specific legal rights and you may also have other rights that vary from country to country.
Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability,
so the above limitations and exclusions may not apply to you. Other jurisdictions allow limitations and exclusions subject
to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the
laws of such applicable jurisdictions. If any part of the above limitations or exclusions is held to be void or unenforceable,
such part shall be deemed to be deleted from this License Agreement and the remainder of the limitation or exclusion shall
continue in full force and effect. Any rights that you may have as a consumer (i.e. a purchaser for private as opposed to
business, academic or government use) are not affected.
14. Privacy
Use of the Software and the Cloud Services is also governed by the Licensor's Privacy Policy and Data Protection Policy
which is available at www.displaynote.com.
15. Term
This License Agreement is effective until terminated. You may terminate it at any time by destroying the Software together
with all copies in any form. It will also terminate upon conditions set out elsewhere in this License Agreement or if you fail
to comply with any term or condition of this License Agreement or if you voluntarily return the Software to the Licensor. You
agree upon such termination to destroy the Software together with all copies in any form.
16. General
16.1
This Agreement shall be construed in accordance with the laws of the United Kingdom without regard to its
conflict of laws provisions. The terms of the U.N. Convention on Contracts for the International Sale of Goods
shall not apply.
16.2
You and we agree that any dispute, claim or controversy arising out of or relating in any way to the Software
and this License Agreement shall be determined by binding arbitration. You agree that, by agreeing to the
terms of this License Agreement, that you and we are each waiving the right to a trial by jury or to participate in
a class action. This arbitration provision shall survive termination of this License Agreement.
16.3
16.3 This License Agreement constitutes the complete and exclusive statement of the License Agreement
between the Licensor and you with respect to the subject matter of this License Agreement and supersedes
all proposals, representations, understandings and prior agreements, whether oral or written, and all other
communications between us relating to that subject matter. Any terms and conditions of a purchase order or
other document issued by Licensee shall be superseded by the terms and conditions of this Agreement. This
Agreement may be amended only by a written agreement executed by Licensee and Licensor.
16.4
Any Clause in this License Agreement that is found to be invalid or unenforceable shall be deemed deleted and
the remainder of this License Agreement shall not be affected by that deletion.
16.5
Failure or neglect by either party to exercise any of its rights or remedies under this License Agreement will
not be construed as a waiver of that party's rights nor in any way affect the validity of the whole or part of this
License Agreement nor prejudice that party's right to take subsequent action.
Any questions concerning this License Agreement or the Software should be directed to the Licensor. Contact details are
available from
www.displaynote.com
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