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PARTICULAR PURPOSE, AND (B) ANY WARRANTY THAT MOBILE CONNECTION
MANAGER IS DELIVERED FREE OF ANY THIRD PARTY CLAIMS BY WAY OF
INFRINGEMENT OR OTHERWISE. AIRPRIME DOES NOT WARRANT NOR MAKE ANY
CONDITION OR REPRESENTATIONS THAT THE FUNCTIONS CONTAINED IN MOBILE
CONNECTION MANAGER WILL MEET THE REQUIREMENTS OF THE LICENSEE, THAT
THE OPERATION OF MOBILE CONNECTION MANAGER WILL BE UNINTERRUPTED OR
ERROR-FREE OR VIRUS FREE OR THAT DEFECTS IN MOBILE CONNECTION MANAGER
WILL BE CORRECTED. FURTHER, AIRPRIME DOES NOT WARRANT OR MAKE ANY
CONDITIONS OR REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF MOBILE CONNECTION MANAGER IN TERMS OF ITS CORRECTNESS,
ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY AIRPRIME OR OTHERS SHALL CREATE A WARRANTY, CONDITION
OR REPRESENTATION OR IN ANY WAY EXTEND THE SCOPE OF THE “AS IS”
PROVISION OF MOBILE CONNECTION MANAGER. This section shall survive the termination
or expiry of this Agreement.
You acknowledge and agree that you have no rights to any upgrades, modifications,
enhancements or revisions that AirPrime may make to Mobile Connection Manager. AirPrime
has no obligation to provide any support of any sort.
7. NO LIABILITY. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS
APPLICATION IS ASSUMED BY YOU. NEITHER WE NOR OUR AFFILIATES,
DISTRIBUTORS, RESELLERS, SUPPLIERS, AGENTS, OFFICERS AND DIRECTORS SHALL
HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY
DAMAGES HOWSOEVER CAUSED INCLUDING, BUT NOT LIMITED TO, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, GENERAL, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOSS OF
REVENUE OR PROFIT, DAMAGES TO PROPERTY OR PERSONS, LOST OR DAMAGED
DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE, OR
FOR CLAIMS BY ANY THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY AND THAT
OF OUR AFFILIATES, DISTRIBUTORS, RESELLERS, SUPPLIERS, AGENTS, OFFICERS
AND DIRECTORS TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR
MOBILE CONNECTION MANAGER. THIS SECTION SHALL APPLY WHETHER OR NOT THE
ALLEGED BREACH, DEFAULT, NONPERFORMANCE OR FAILURE IS A BREACH OF
FUNDAMENTAL CONDITION OR TERM, OR A FUNDAMENTAL BREACH. This section shall
survive the termination or expiry of this Agreement.
8. TERMINATION. This Agreement is effective until terminated. All rights granted to you under
this Agreement will automatically terminate if you breach any of the terms and conditions of this
Agreement. In addition, either of us may terminate this Agreement at any time upon notice to
the other party, for convenience. Upon any termination of this Agreement, all licenses hereunder
shall terminate, other than end-user licenses previously entered into in accordance with the
provisions and, during the term, of this Agreement. Upon the termination of this Agreement, you
will promptly erase all copies of Mobile Connection Manager in your possession and shall
discontinue all reproduction and distribution of applications or other software developed that
references elements of Mobile Connection Manager.
9. EXPORT REGULATIONS. All Software and technical data delivered under this Agreement
are subject to US export control laws and may be subject to export or import regulations in other
countries. You agree to comply strictly with all such laws and regulations and acknowledge that
you have the responsibility to obtain such licenses to export, re-export, or import as may be
required after delivery to you.