PERSON HAS BEEN ADVISED OR SHOULD KNOW OF THE
POSSIBILITY OF SUCH DAMAGES.
III. RELEASE. IN CONSIDERATION OF YOUR RECEIPT AND USE OF
THE SOFTWARE YOU HEREBY FOREVER GENERALLY AND
COMPLETELY RELEASE AND DISCHARGE BELKIN AND ITS
RESPECTIVE SERVANTS, AGENTS, DIRECTORS, OFFICERS,
SUCCESSORS, ASSIGNS, EMPLOYEES, PARENT CORPORATIONS,
SUBSIDIARY CORPORATIONS, AFFILIATES, CONSULTANTS,
ATTORNEYS, REPRESENTATIVES, INSURERS, AND ALL OTHERS, OF
AND FROM ANY AND ALL CLAIMS AND DEMANDS OF EVERY KIND
AND NATURE AT LAW, IN EQUITY OR OTHERWISE, KNOWN AND
UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED, FOR DAMAGES ACTUAL AND CONSEQUENTIAL,
PAST, PRESENT AND FUTURE ARISING FROM OR RELATED TO THE
SOFTWARE.
IV. INVALIDITY OF PROVISIONS. If any provision of this Agreement
shall be or become invalid, illegal, or unenforceable in any respect,
the validity, legality, and enforceability of the remaining provisions
contained herein shall not be affected thereby.
V. GENERAL PROVISIONS. This Agreement shall bind the heirs,
personal representatives, successors and assigns of each party, and
inure to the benefit of each party, and all servants, agents,
directors, officers, successors, assigns, employees, parent
corporations, subsidiary corporations, affiliates, consultants,
attorneys, and insurers thereof. This Agreement shall be deemed
entered into in the State of California. This Agreement and the rights
and obligations of the parties hereunder shall be governed by, and
construed in accordance with, the laws of the State of California
without regard to conflicts of laws principles. In addition, this
Agreement will not be governed or interpreted in any way by referring
to any law based on the Uniform Computer Information Transactions
Act (UCITA), even if that law has been adopted in California, and the
United Nations Convention on Contracts for the International Sale of
Goods is hereby excluded. Each party to this Agreement irrevocably
(a) submits to the exclusive jurisdiction of any state or federal court
located in Los Angeles County, California in litigating any action or
proceeding arising out of or relating to this Agreement or the
transactions contemplated hereby, and (b) agrees that any such action
or proceeding may be litigated only in such courts. Each party to this
Agreement waives, to the fullest extent permitted by law, the defenses
of lack of personal jurisdiction, inconvenient forum, and improper
venue to the maintenance of any such action or proceeding. In the