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Choice of Law: This Agreement will be governed
by the laws of the State of Washington as applied
to transactions taking place wholly within
Washington between Washington residents.
U.S. Government Restricted Rights Legend:
Use, duplication, reproduction or disclosure by the
Government is subject to restrictions in
subdivision (c)(l)(ii) of the Rights of Technical
Data and Computer Software Clause at 48 CFR
252-227-7013 and in subparagraph (a) through
(d) of the Commercial Software - Restricted
Rights Clause at 48 CFR 52-227-19 and the
limitations set forth in the Labelmaster Software,
AN AMERICAN LABELMARK COMPANY, standard
commercial Agreement for Software. Unpublished
rights reserved under the copyright laws of the
United States.
Integration: You acknowledge that you have
read this Agreement, understand it, and that by
opening the package you agree to be bound by its
terms and conditions. You further agree that it is
the complete and exclusive statement of the
Agreement between Labelmaster Software, AN
AMERICAN LABELMARK COMPANY, and that it
supersedes any proposal or prior agreement, oral
or written, and any other communications
between Labelmaster Software, AN AMERICAN
LABELMARK COMPANY, and you relating to the
subject matter of this Agreement.
No variation of the terms of this Agreement or any
different terms will be enforceable against
Labelmaster Software, AN AMERICAN LABELMARK
COMPANY, unless Labelmaster Software, AN
AMERICAN LABELMARK COMPANY, gives its express
consent, including an express waiver of the terms
of this Agreement, in writing signed by an officer
LIMITED WARRANTY, LABELMASTER SOFTWARE,
AN AMERICAN LABELMARK COMPANY, MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, AS TO
PERFORMANCE, NON-INFRINGMENT OF THIRD
PARTY RIGHTS, MERCHANT-ABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE.
Some states do not allow the exclusion of implied
warranties or limitations on how long an implied
warranty may last, so the above limitation may
not apply to you. This warranty gives you specific
legal rights and you may also have other rights
which vary from state to state.
Limit of Liability: IN NO EVENT WILL
LABELMASTER SOFTWARE, AN AMERICAN
LABELMARK COMPANY, BE LIABLE TO YOU FOR
ANY SPECIAL DAMAGES. INCLUDING ANY LOST
PROFITS, LOST SAVINGS OR OTHER INCIDENTAL
OR CONSEQUENTIAL DAMAGES, EVEN IF
LABELMASTER SOFTWARE, AN AMERICAN
LABELMARK COMPANY, OR ANY REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY.
Some states do not allow the exclusion or limita-
tion of consequential damages, so the above
limitation or exclusion may not apply to you.
Export: You acknowledge that the laws and
regulations of the United States restrict the
export and re-export (as defined in section 379.1,
(b)-(c)) of the export Administration Regulations
and any amendment thereto of the Software. You
agree that you will not export or re-export the
Software or media in any form without the
appropriate United States and foreign government
approval.
