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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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