
DATA, PROPERTY DAMAGE OR INJURY) WHETHER SUCH LIABILITY IS
ASSERTED ON THE BASIS OF CONTRACT, WARRANTY, CONTRIBUTION,
STRICT LIABILITY, TORT OR OTHER THEORY ARISING OUT OF THIS
AGREEMENT, OR THE USE OR THE INABILITY TO USE THE SOFTWARE
OR ANY OTHER LEGAL THEORIES, EVEN IF MARETRON OR ITS AGENT
OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO CASE SHALL MARETRON'S LIABILITY EXCEED THE
LICENSE FEES PAID BY YOU FOR THE SOFTWARE.
Some states do not allow the exclusion or limitation of direct, indirect, incidental
or consequential damages, so the above exclusions or limitations may not apply
to you.
If a court of competent jurisdiction determines that relevant laws in force may
imply warranties and liabilities which cannot be excluded or limited or which can
only partly be excluded or limited, then the limit on Maretron's liability set forth in
this Section 12 shall apply to the fullest extent permitted by law. If Maretron
cannot exclude or limit a warranty or liability implied by law, this Agreement shall
be read and construed subject to such provisions of law.
12. SOFTWARE OWNERSHIP. The SOFTWARE, and all copies and derivative
works thereof, are and shall remain the sole and exclusive property of Maretron
or its suppliers and are protected by United States copyrights laws and
international treaty provisions. Therefore, you must treat the SOFTWARE like
any other copyrighted material (e.g. a book or musical recording). All applicable
rights to copyrights, patents, trade secrets, trademarks and other intellectual
property in and to the SOFTWARE are and shall remain in Maretron and its
suppliers. To the extent that you may acquire any right or interest in or to the
SOFTWARE, other than the rights and license expressly granted to you herein,
you agree that you shall be deemed to have assigned such rights to Maretron.
This license shall not be considered a "sale" of the SOFTWARE.
13. SEVERABILITY. If any provision or any part of a provision of this Agreement
shall be held invalid or unenforceable, then the remaining portions of that
provision and the remainder of the Agreement shall be construed as if not
containing the particular invalid or unenforceable provision or portion thereof, and
the rights and obligations of each party shall be construed and enforced
accordingly.
14. ASSIGNMENT. This Agreement and the license granted herein are personal
to you and, except as otherwise provided for herein, they may not be transferred
or assigned. This Agreement and all terms and conditions contained herein shall
be inure to the benefit of and be binding upon Maretron's successors and
assigns.
Revision 4.0.2 Page 371
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