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PARTICULAR PURPOSE, TITLE, AND NON -INFRINGEMENT, WITH REGARD TO SOFTWARE,
<br />AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. LICENSOR (AND
<br />ITS AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) DOES NOT WARRANT THAT
<br />THE SOFTWARE IS ACCURATE, RELIABLE OR CORRECT, THAT THE FUNCTIONS
<br />CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, THAT THE
<br />OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
<br />FREE.
<br />10. DISCLAIMER OF DAMAGES
<br />(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
<br />LICENSOR OR ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, LICENSORS,
<br />SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE UNDER ANY THEORY FOR
<br />ANY DAMAGES SUFFERED BY LICENSEE OR ANY USER OF SOFTWARE, OR FOR
<br />ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES
<br />(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR
<br />CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR
<br />PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY
<br />INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND
<br />FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF
<br />THE USE OR INABILITY TO USE SOFTWARE, OR THE PROVISION OF OR FAILURE
<br />TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE
<br />POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR
<br />EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE
<br />CLAIM IS BASED.
<br />(b) IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
<br />AGREEMENT IS LIMITED TO THE AGGREGATE AMOUNT THAT LICENSEE PAID
<br />FOR THE SOFTWARE DURING THE TWELVE-MONTH PERIOD PRECEDING THE
<br />EVENT GIVING RISE TO THE LIABILITY. IF THE SOFTWARE IS PROVIDED
<br />WITHOUT CHARGE INCLUDING THE USE OF THE FREE DEVELOPER LICENSE OR
<br />TIME -LIMITED TRIAL LICENSE, THEN LICENSOR SHALL HAVE NO LIABILITY TO
<br />LICENSEE WHATSOEVER. THIS LIMITATION WILL APPLY EVEN IF THE LICENSOR
<br />HAS BEEN ADVISED OF THE POSSIBILITY OF THE LIABILITY EXCEEDING THE
<br />AMOUNT AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
<br />ANY LIMITED REMEDY..
<br />11. U.S. GOVERNMENT END USERS
<br />The Software and any related documentation are deemed to be "commercial computer Software" and
<br />"commercial computer Software documentation," respectively, pursuant to DFAR Section 227.7202 and
<br />FAR Section 12.212, as applicable. Any use, modification, reproduction release, performance, display or
<br />disclosure of the Software and any related documentation by the U.S. Government will be governed
<br />solely by the terms of this Agreement.
<br />12. EXPORT REGULATIONS
<br />Licensee shall comply with all applicable laws and regulations with regards to: economic sanctions;
<br />export controls; import regulations; and trade embargoes ("Sanctions"), including those of the Canada,
<br />European Union and United States (specifically the Export Administration Regulations (EAR)).
<br />Licensee acknowledges that it is not a person targeted by Sanctions nor is it otherwise owned or
<br />controlled by or acting on behalf of any person targeted by Sanctions. Further, Licensee acknowledges
<br />that it will not download or otherwise export or re-export the Software or any related technical data
<br />directly or indirectly to any person targeted by Sanctions or download or otherwise use the Software for
<br />any end -use prohibited or restricted by Sanctions.
<br />
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