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WHERE YOU OBTAINED THIS LICENSE DOES NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, THE DURATION
OF ANY AND ALL APPLICABLE IMPLIED WARRANTIES AND CONDITIONS,
IF ANY, SHALL BE LIMITED TO ONE (1) YEAR AFTER YOU DOWNLOAD
THE SOFTWARE. NO DEALER, AGENT, OR EMPLOYEE OF APRICORN
IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR
ADDITIONS TO THIS LIMITED WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED
WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
MAY LAST, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT
APPLY TO YOU. THE ABOVE WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION.
TITLE. Title, ownership rights, and intellectual property rights in and
to the Software and Documentation shall at all times remain in Apricorn
and/or its suppliers. Apricorn reserves any rights not expressly granted
under this Agreement. The Software is protected by copyright and other
intellectual property laws and by international treaties.
TERMINATION. The license granted hereunder will terminate
automatically if you fail to comply with the terms and conditions of this
Agreement. You may terminate this license at any time by ceasing all
use of the Software and Documentation. Upon any such termination, you
must destroy all copies of the Software and Documentation. No refunds or
credits will be due.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL
APRICORN OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS OR REVENUE, BUSINESS
INTERRUPTION, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER DAMAGES OR LOSSES, WHETHER FORESEEABLE
OR NOT. IN NO EVENT WILL APRICORN BE LIABLE FOR ANY DAMAGES
IN EXCESS OF THE AMOUNT APRICORN RECEIVED FROM YOU FOR A
LICENSE TO THE SOFTWARE, EVEN IF APRICORN SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL
NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
FROM APRICORN’ NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
YOU IN ITS ENTIRETY.