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FORTH IN THIS AGREEMENT, AND SHALL HAVE NO OTHER OBLIGATION, DUTY OR
<br /> LIABILITY TO YOU.
<br /> 7.3 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL
<br /> APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION
<br /> BY YOU, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT,
<br /> STRICT LIABILITY OR OTHER LEGAL THEORY.
<br /> 7.4 IN NO EVENT SHALL ANY OFFICER, DIRECTOR, EMPLOYEE,AGENT,AUTHORISE D
<br /> RESELLER, SUPPLIER,SERVICE PROVIDER,OR INDEPENDENT CONTRACTOR OF
<br /> MAGNET FORENSICS OR ANY AFFILIATES OF MAGNET FORENSICS HAVE ANY LIABILITY
<br /> ARISING FROM OR RELATED TO THIS AGREEMENT.
<br /> 7.5 NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR DEATH
<br /> OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, FRAUD, FRAUDULENT
<br /> MISREPRESENTATION, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT
<br /> BE EXCLUDED OR LIMITED BY LAW.
<br /> 8. Indemnification
<br /> 8.1 You must defend, indemnify and hold Magnet Forensics, its affiliates, subsidiaries, agents,
<br /> successors, assigns, resellers, and service providers, and their respective officers, directors,
<br /> employees, and independent contractors harmless with respect to amounts required to be paid to a
<br /> third party, and all costs, expenses, and liability, including without limitation legal fees, arising from:
<br /> (a) a claim of infringement of any intellectual property or proprietary right arising from your
<br /> combination or use of the Software with equipment, software, interfaces, or other materials that are
<br /> not supplied or specifically authorized by Magnet Forensics, (b) a claim respecting any injury,
<br /> death or damages in connection with your use or misuse of the Software, (c) any third party claim
<br /> arising from your use of the Software or any portion thereof(other than claims that arise solely from
<br /> the use of the Software strictly in accordance with this Agreement and the user documentation
<br /> specifically pertaining to the use of the Software), and (d) any third party claim arising out of your
<br /> material breach of this Agreement. Magnet Forensics reserves the right, at your expense, to
<br /> assume the exclusive defence and control of any matter otherwise subject to indemnification by
<br /> you, in which event you will cooperate with Magnet Forensics, at your expense, in asserting any
<br /> available defences.
<br /> 9. Term and Termination
<br /> 9.1 Your license to use the Software in accordance with Section 2 herein shall continue until and
<br /> unless this Agreement is terminated pursuant to this Section 9.
<br /> 9.2 You may terminate this Agreement at any time upon notice to Magnet Forensics but you will not
<br /> be entitled to any refund.
<br /> 9.3 Magnet Forensics may terminate this Agreement immediately upon notice to you if: (a) you
<br /> materially breach, fail to comply with, or otherwise contravene a term or condition of this
<br />
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