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x 6-00905-01 Rev A
b. Termination. This License commences on the Effective Date and will continue in
perpetuity unless Licensee fails to comply with any of the material conditions of this
License. ADIC may, after allowing Licensee a reasonable time to cure its default,
terminate this License upon written notice to the Licensee. Within thirty (30) days
after termination of this License, Licensee will certify, in writing, to ADIC, that
Licensee has discontinued the use of all Software; and either destroyed or, at ADIC’s
election, returned to ADIC the original and all copies of the Software and
Documentation in any form maintained by Licensee.
c. Termination for Cause. A violation of any provision of Paragraph 3. above will be
deemed a material breach and the basis for immediate termination of this License.
d. Termination upon Insolvency. This License may be terminated by ADIC if the
Licensee (i) terminates or indefinitely suspends its business; (ii) becomes subject to
any bankruptcy or insolvency proceeding under governmental statute; or (iii)
becomes insolvent or becomes subject to direct control by a trustee, receiver or
similar authority.
e. Remedies upon Termination. If this License is terminated by ADIC, ADIC will have
the right to take immediate possession of the Software, Documentation, and all copies
wherever located, without demand or notice. Termination of this License is in
addition to and not in lieu of any equitable or legal remedies available to ADIC.
Notices and Correspondence
All notices and correspondence sent by one party to the other in all matters will be sent to
the addresses listed in the initial paragraph hereof, except as otherwise requested in
writing.
DISCLAIMER AND LIMITATION OF LIABILITY
THE LICENSEE HAS THE SOLE RESPONSIBILITY FOR THE ADEQUATE
PROTECTION AND BACK-UP OF ITS DATA USED IN CONNECTION WITH THE
SOFTWARE. IN NO EVENT WILL ADIC BE LIABLE FOR SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM THE LOSS OF USE, DATA OR PROFITS,
RERUN TIME, INACCURATE INPUT OR WORK DELAYS, OR ANY PERSONAL