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6. Export Law. You agree to comply fully with all U.S. export
laws and regulations to ensure that neither the Software nor any
technical data related thereto nor any direct product thereof are
exported or re-exported directly or indirectly in violation of, or
used for any purposes prohibited by, such laws and regulations.
7. No Warranty. THE SOFTWARE IS PROVIDED "AS
IS", WITHOUT WARRANTY OF ANY KIND. DECARTA
EXPRESSLY DISCLAIMS ALL WARRANTIES AND
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY
IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONTNFRTNGEMENT, AND ANY
WARRANTIES AND CONDITIONS ARISPNG OUT OF
COURSE OF DEALING OR USAGE OF TRADE. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED FROM DECARTA OR ELSEWHERE WILL CREATE
ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED
IN THIS AGREEMENT.
8. Limitation of Liability. DECARTA AND OR ITS
LICENSOR'S TOTAL LIABILITY TO YOU FROM ALL CAUSES
OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL
BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS
PAID TO DECARTA BY YOU FOR THE SOFTWARE. IN NO
EVENT WILL DECARTA BE LIABLE TO YOU FOR ANY
SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR
CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE,
DATA, BUSINESS OR PROFITS) OR FOR THE COST OF
PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR
IN CONNECTION WITH THIS AGREEMENT OR THE USE OR
PERFORMANCE OF THE SOFTWARE, WHETHER SUCH
LIABILITY ARISES FROM ANY CLAIM BASED UPON
CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND
WHETHER OR NOT DECARTA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGE. THE
FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN
IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT
IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
NS-CNV10 - 08-1416 - ENG.fm Page 65 Wednesday, August 27, 2008 8:07 AM