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maintenance services,Magnet Forensics has no obligation to offer you the same fees for support and maintenance services as you may previously have had.
<br /> 4.3 You are responsible for,and shall pay all taxes relating to this Agreement,excluding any taxes based on the net income of Magnet Forensics.Unless otherwise indicated,
<br /> all amounts payable by you under this Agreement are exclusive of any tax,duty, levy,or similar government charge that may be assessed by any jurisdiction,whether based
<br /> on gross revenue,the delivery,possession or use of the Software or services hereunder,the execution of this Agreement or otherwise.
<br /> 4.4 If you fail to pay any amount due under this Agreement within thirty(30)days of such payment becoming due and payable,in addition to any other rights and remedies
<br /> available to Magnet Forensics,Magnet Forensics shall be entitled to charge interest on all outstanding amounts at the lesser of 18% per annum or the maximum rate
<br /> permitted by law,such interest commencing as of the due date for such payment.You will also be responsible for paying for all reasonable fees and costs incurred by Magnet
<br /> Forensics,including legal fees,in collecting any overdue amounts or enforcing any provision of this Agreement.
<br /> 4.5 All amounts herein are in United States dollars.
<br /> 5. INTELLECTUAL PROPERTY RIGHTS
<br /> 5.1 You acknowledge and agree that Magnet Forensics shall own all intellectual property rights(whether or not patentable or registrable under copyright,trade-mark or
<br /> similar legislation or subject to analogous protection) in and to the Software,including any and all enhancements and modifications made to the Software,and all work
<br /> conceived,created,invented produced,designed or reduced to practice by Magnet Forensics and its personnel as a result of or with respect to any and all services provided
<br /> to you pursuant to this Agreement(collectively,the"Modifications").Your rights and obligations relating to the use of the Software shall be governed by the terms of the User
<br /> Agreement regardless of whether you,your employees or contractors may have contributed to any Modifications in any way.
<br /> 6. LIMITED WARRANTY AND LIMITATION OF LIABILITY
<br /> nt1 Limited Warranty.Magnet Forensics warrants that all services provided in accordance with the terms of this Agreement shall be provided in a competent,professional
<br /> -Planner by persons who are fully trained and qualified in respect of the Software.Magnet Forensics does not represent or warrant that the services provided hereunder will be
<br /> capable of achieving a particular result for your business,or that the operation of the Software will be error free or uninterrupted,or that all errors in the Software can be found
<br /> or corrected,although Magnet Forensics shall use commercially reasonable efforts to do so.
<br /> 6.2 Limitation of Liability.OTHER THAN AS OTHERWISE PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,Magnet
<br /> Forensics MAKES NO WARRANTY OR CONDITION, EXPRESS OR IMPLIED,STATUTORY OR OTHERWISE,WITH RESPECT TO THE SOFTWARE,MODIFICATIONS,THE
<br /> SUPPORT SERVICES,THE MAINTENANCE SERVICES OR ANY OTHER SERVICES PROVIDED IN ACCORDANCE WITH THIS AGREEMENT, INCLUDING,WITHOUT
<br /> LIMITATION,THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.SOME JURISDICTIONS DO NOT
<br /> ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY,SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO ORAL OR WRITTEN INFORMATION OR
<br /> ADVICE GIVEN BY Magnet Forensics, ITS DISTRIBUTORS,AGENTS,DIRECTORS,OFFICERS,OR EMPLOYEES(COLLECTIVELY,"AGENTS")SHALL CREATE A
<br /> WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.OTHER THAN AS SPECIFICALLY PROVIDED IN THE USER AGREEMENT,YOU ASSUME
<br /> THE ENTIRE RISK AS TO THE USE AND PERFORMANCE OF THE SOFTWARE AND THE MODIFICATIONS IN TERMS OF CORRECTNESS,ACCURACY, RELIABILITY,
<br /> CURRENTNESS,OR OTHERWISE. IN NO EVENT SHALL Magnet Forensics, ITS AGENTS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION,
<br /> PRODUCTION OR DELIVERY OF THE SOFTWARE,THE MODIFICATIONS,THE SUPPORT SERVICES,THE MAINTENANCE SERVICES OR ANY OTHER SERVICES BE
<br /> LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,PUNITIVE, EXEMPLARY,CONSEQUENTIAL OR INCIDENTAL DAMAGES(INCLUDING
<br /> WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES OR PROFITS,BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,AND THE LIKE)ARISING
<br /> OUT OF THE USE, INABILITY TO USE OR THE PERFORMANCE OR NON-PERFORMANCE OF,THE SOFTWARE,THE MODIFICATIONS,OR THE PROVISION OF THE
<br /> SERVICES, EVEN IF Magnet Forensics OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM,OR IT IS FORESEEABLE.BECAUSE
<br /> SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,THE ABOVE LIMITATION
<br /> MAY NOT APPLY TO YOU.IN NO EVENT SHALL Magnet Forensics'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR DAMAGES EXCEED THE TOTAL AMOUNT PAID
<br /> BY YOU FOR THE SERVICES PERFORMED BY Magnet Forensics IN ACCORDANCE WITH THIS AGREEMENT WITHIN THE 12 MONTHS PRECEDING THE DATE ON
<br /> WHICH THE CLAIM AROSE.THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A
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