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Chapter
02 Introduction
written agreement between the parties, IVONA
will be free to use, disclose, reproduce, license
or otherwise distribute and exploit the Feedback
provided to it as it sees fit, entirely without
obligation or restriction of any kind on account of
intellectual property rights or otherwise.
9. Designated Agents. All of your requests for
license renewals, Upgrades or any other issues
related to the Software or this Agreement shall
be directed to IVONA'S designated agent unless
the latter ceases to be IVONA's designated agent
and/or IVONA notifies you otherwise. In such case,
you shall enter into any new agreement(s) that
may need to be executed regarding the subject
matter hereof, in the sole discretion of IVONA, with
IVONA or any appointed new designated agent, as
applicable.
10. Term and Termination. This Agreement
becomes effective on the date you accept all terms
herein. Unless specified otherwise by IVONA,
this Agreement shall terminate automatically upon
your breach of any term of this Agreement. All of
your rights to the Software may be terminated by
IVONA if the Software becomes, or in the opinion
of IVONA may become, the subject of any third
party claim or action alleging that the Software
directly infringes a United States or European
Union copyright or patent. You may terminate this
Agreement at any time by destroying the Software,
together with all copies and portions in any form;
provided however that no refunds of license fees
will be made to you except as otherwise expressly
agreed to in writing by IVONA or its designated
agent. Upon expiration or any termination of this
Agreement, you agree to destroy the Software
together with all copies and portions in any form
and this sentence and the following Sections of this
Agreement will survive: Sections 4 (Restrictions),
5 (Reverse Engineering), 6 (Updates), 7 (Intellectual
Property Rights), 8 (Feedback), 11 (Restricted Use),
12 (Consent to Use of Data), 13 (No Warranty),
14 (Disclaimer), 15 (Limitation of Liability),
16 (Export), 17 (Governing Law), 18 (Severability),
and 19 (Entire Agreement).
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11. Restricted Use. The Software is not designed
or intended for use or resale in hazardous
environments requiring fail-safe performance, such
as in the operation of nuclear facilities, aircraft
navigation or communication systems air traffic
control, or other devices or systems in which
a malfunction of the Software would result in
foreseeable risk of injury or death to the operator of
the device or system, or to others, and you will not
use the Software in any such environments.
12. Consent to Use of Data. You agree that IVONA,
its Affiliates, and its designated agents may collect
and use technical and related information gathered
in any manner as part of support services related
to the Software. IVONA and its Affiliates may use
this information to improve their products and/or
to provide customized services or technologies
to you. IVONA and its Affiliates may disclose
this information to others, but not in a form that
personally identifies you.
13. No Warranty. Neither IVONA nor any of its
Affiliates, designated agents, licensors or
suppliers warrant that the Software will meet your
requirements or that the operation of the Software
will be uninterrupted or error free. THE SOFTWARE
IS PROVIDED 'AS IS' AND 'WITH ALL FAULTS'.
IVONA AND ITS AFFILIATES, DESIGNATED
AGENTS, LICENSORS AND SUPPLIERS MAKE
NO REPRESENTATIONS, WARRANTIES OR
CONDITIONS WITH RESPECT TO THE SOFTWARE
AND ANY SERVICES PROVIDED HEREUNDER,
AND IVONA EXPRESSLY DISCLAIMS, ON BEHALF
OF ITSELF AND ITS AFFILIATES, DESIGNATED
AGENTS, LICENSORS AND SUPPLIERS,
ALL WARRANTIES, EXPRESS, IMPLIED, OR
STATUTORY INCLUDING, WITHOUT LIMITATION,
ANY WARRANTIES OF MERCHANTABILITY,
TITLE, NONINFRINGEMENT, SATISFACTORY
QUALITY, ACCURACY, CORRESPONDENCE WITH
DESCRIPTION AND FITNESS FOR A PARTICULAR
PURPOSE. You assume full responsibility for
making backup copies of any of your own software,
data and databases that interact with the Software.