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REMEDY RESPECTING ANY DEFECTS, NON-CONFORMITIES OR PROBLEMS WITH THE SOFTWARE.Magnet Forensics DISCLAIMS ALL OTHER REPRESENTATIONS,
<br /> WARRANTIES AND CONDITIONS,WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED REPRESENTATIONS,
<br /> WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY,TITLE,NON-
<br /> INFRINGEMENT,OR ANY OTHER WARRANTY OR CONDITION ARISING BY STATUTE,CUSTOM OR USAGE OF TRADE RELATED TO THE SOFTWARE PROVIDED
<br /> HEREUNDER.Magnet Forensics SPECIFICALLY DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
<br /> Some jurisdictions may not allow the exclusion or limitation of implied warranties and conditions.To the extent permitted by law,any implied warranties or conditions relating
<br /> to the Software to the extent that they cannot be excluded as set out above are limited to thirty(30)days from the date that the Software is delivered to you.
<br /> 6.3.To the limited extent that Magnet Forensics is not able to disclaim any warranty respecting the Software,any implied or imposed warranty respecting the Software shall
<br /> nevertheless not apply to defects,non-conformities or problems resulting from:(a)improper or inadequate maintenance or installation of the Software,(b) use of the Software
<br /> • in combination with software,interfaces,or other materials that are not supplied or specifically authorized by Magnet Forensics,(c) unauthorized or improper use or
<br /> modification of the Software,including use that is not contemplated under the terms of this Agreement or the user documentation accompanying the Software,(d)abuse,
<br /> negligence,accident,or other damage from external sources,(e)improper preparation of your facilities for Software installation and use,or(f) unauthorized maintenance or
<br /> repair of the Software.
<br /> 7. Limitation of Liability
<br /> 7.1. In no event will Magnet Forensics be liable under this Agreement for any damages other than your direct damages to the extent arising from Magnet Forensics's gross
<br /> negligence or willful misconduct,and in no event shall Magnet Forensics's aggregate liability exceed the amounts paid by you to Magnet Forensics for the Software.
<br /> 7.2.EXCEPT FOR THE LIMITED DIRECT DAMAGES SPECIFIED IN THIS SECTION 10,TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Magnet
<br /> Forensics BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT,SPECIAL, INCIDENTAL, EXEMPLARY,CONSEQUENTIAL OR
<br /> PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, DATA,USE OR OPPORTUNITY,WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR
<br /> oUNFORESEEN,AND WHETHER OR NOT Magnet Forensics WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.ADDITIONALLY,TO THE MAXIMUM EXTENT
<br /> coPERMITTED BY LAW, Magnet Forensics SHALL ONLY BE LIABLE TO YOU AS EXPRESSLY SET FORTH IN THIS AGREEMENT,AND SHALL HAVE NO OTHER
<br /> OBLIGATION, DUTY OR LIABILITY TO YOU.
<br /> 7.3.THE LIMITATIONS,EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION,DEMAND
<br /> OR ACTION BY YOU, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE,TORT,STRICT LIABILITY OR OTHER LEGAL THEORY.
<br /> 8. Indemnification
<br /> 8.1.You must defend,indemnify and hold Magnet Forensics,its successors,assigns, officers,directors,employees and agents harmless with respect to amounts required to
<br /> be paid to a third party,and all costs,expenses,and liability,including without limitation attorney's fees and court costs,arising from:(a)a claim of infringement of any
<br /> intellectual property or proprietary right arising from your combination or use of the Software with equipment,software, interfaces,or other materials that are not supplied or
<br /> specifically authorized by Magnet Forensics,(b)a claim respecting any injury,death or damages in connection with your use or misuse of the Software, (c) any third party
<br /> claim arising from your use of the Software or any portion thereof(other than claims that arise solely from the use of the Software strictly in accordance with this Agreement
<br /> and the user documentation specifically pertaining to the use of the Software), and (d) any third party claim arising out of your material breach of this Agreement.Magnet
<br /> Forensics reserves the right, at your expense,to assume the exclusive defence and control of any matter otherwise subject to indemnification by you,in which event you will
<br /> cooperate with Magnet Forensics,at your expense, in asserting any available defences.
<br /> 9.Termination
<br /> 9.1.Your license to use the Software in accordance with Section 2 herein shall continue until and unless this Agreement is terminated pursuant to this Section 9. ;U
<br /> 9.2.You may terminate this Agreement at any time upon notice to Magnet Forensics. Uponany termination of this Agreement for any reason (whether by you or by Magnet
<br /> Forensics),you must cease all use of the Software and destroy and/or permanently delete all copies of the Software in your possession.
<br /> 9.3.Magnet Forensics may terminate this Agreement or any and/or all Keys immediately upon notice to you if: (a)you materially breach,fail to comply with,or otherwise
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