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receive a refund of a portion of the License Fee on a pro rata basis by taking the number of days remaining
<br />in the license period divided by the total number of days of the license period, which factor will then be
<br />multiplied by your license fee to arrive at the refund amount. If such termination is for any other reason, then
<br />Trinal shall have no liability to You whatsoever.
<br />Section 15.04 Expiration. If You and Trinal have entered into a contemporaneous written
<br />agreement relating to this License and Your use of the GPTS and if such agreement specifies a fixed date or
<br />period for the expiration of this License, then such agreement shall govern the expiration of this License.
<br />Article XVI. Limitation of Warranties and Remedies
<br />Section 16.01 THE GPTS IS PROVIDED "AS -IS," "WITH ALL FAULTS," AND "AS AVAILABLE.
<br />Section 16.02 TRINAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
<br />EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
<br />MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
<br />ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, NON - INFRINGEMENT,
<br />COURSE OF DEALING, AND /OR USAGE OF TRADE. TRINAL MAKES NO WARRANTY THAT (A) THE
<br />GPTS WILL MEET ANY REQUIREMENTS, (B) GPTS ACCESS WILL BE UNINTERRUPTED, TIMELY,
<br />SECURE, OR ERROR -FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
<br />GPTS WILL BE ACCURATE OR RELIABLE.
<br />Section 16.03 TRINAL SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
<br />INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT
<br />NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF INFORMATION OR DATA,
<br />GOODWILL, OR ANY OTHER TYPE OF LOSSES, EVEN IF TRINAL HAS BEEN ADVISED OF THE
<br />POSSIBILITY OF SUCH DAMAGES.
<br />Section 16.04 THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO
<br />WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY,
<br />(3) NEGLIGENCE, (4) STRICT LIABILITY, AND /OR (5) ANY OTHER CAUSE OF ACTION.
<br />Section 16.05 IF YOU ARE DISSATISFIED WITH THE GPTS OR IF YOU HAVE ANY OTHER
<br />DISPUTE OR CLAIM WITH OR AGAINST TRINAL WITH RESPECT TO, OR ARISING OUT OF, THIS
<br />LICENSE OR THE GPTS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
<br />THE GPTS. PROVIDED, HOWEVER, IF THE GPTS FAILS TO FUNCTION PROPERLY AFTER A PERIOD
<br />OF FIVE (5) BUSINESS DAYS AND IF YOU HAVE PAID A LICENSE FEE TO TRINAL, THEN YOUR SOLE
<br />AND EXCLUSIVE REMEDIES ARE (A) TO DISCONTINUE USING THE GPTS, (B) TO TERMINATE THIS
<br />LICENSE, AND (C) TO RECEIVE A REFUND OF A PORTION OF THE LICENSE FEE ON A PRO RATA
<br />BASIS BY TAKING THE NUMBER OF DAYS REMAINING IN THE LICENSE PERIOD DIVIDED BY THE
<br />TOTAL NUMBER OF DAYS OF THE LICENSE PERIOD, WHICH FACTOR WILL THEN BE MULTIPLIED
<br />BY YOUR LICENSE FEE TO ARRIVE AT THE REFUND AMOUNT. EXCEPT AS SET EXPRESSLY
<br />FORTH IN THIS SECTION, TRINAL SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.
<br />Section 16.06 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
<br />CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF REMEDIES OR DAMAGES.
<br />ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND ECLUSIONS MAY NOT APPLY TO YOU.
<br />Article XVII. General Terms
<br />Section 17.01 Choice of Law and Forum. This License and the relationship between You and
<br />Trinal shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. If
<br />any dispute arises under this License, You agree to submit to the personal and exclusive jurisdiction of the
<br />courts located within the City of Chicago, County of Cook, State of Illinois.
<br />Section 17.02 Waiver and Severability of Terms. The failure of Trinal to exercise or enforce any
<br />right or provision of this License shall not constitute a waiver of such right or provision. If any provision of
<br />this License is found by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or
<br />unenforceable provision shall be deemed superseded by a valid and /or enforceable provision that most
<br />closely matches the intent of the original provision and the remainder of this License will continue in full force
<br />and effect. If any part of this License is determined to be invalid or unenforceable pursuant to applicable law,
<br />then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that
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