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5.1 You acknowledge and agree that Magnet Forensics shall own all intellectual property rights
<br /> (whether or not patentable or registrable under copyright, trade-mark or similar legislation or
<br /> subject to analogous protection) in and to the Software, including any and all enhancements and
<br /> modifications made to the Software, and all work conceived, created, invented produced, designed
<br /> or reduced to practice by Magnet Forensics and its personnel as a result of or with respect to any
<br /> and all services provided to you pursuant to this Agreement (collectively, the "Modifications"). Your
<br /> 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
<br /> Modifications in any way.
<br /> 6. Limited Warranty and Limited Liability
<br /> 6.1 Limited Warranty. Magnet Forensics warrants that all services provided in accordance with the
<br /> terms of this Agreement shall be provided in a competent, professional manner by persons who
<br /> are fully trained and qualified in respect of the Software. Magnet Forensics does not represent or
<br /> warrant that the services provided hereunder will be capable of achieving a particular result for
<br /> your business, or that the operation of the Software will be error free or uninterrupted, or that all
<br /> errors in the Software can be found or corrected, although Magnet Forensics shall use
<br /> commercially reasonable efforts to do so.
<br /> 6.2 Limitation of Liability. OTHER THAN AS OTHERWISE PROVIDED IN THIS AGREEMENT
<br /> AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGNET FORENSICS
<br /> MAKES NO WARRANTY OR CONDITION, EXPRESS OR IMPLIED, STATUTORY OR
<br /> OTHERWISE, WITH RESPECT TO THE SOFTWARE, MODIFICATIONS, THE SUPPORT
<br /> SERVICES, THE MAINTENANCE SERVICES OR ANY OTHER SERVICES PROVIDED IN
<br /> ACCORDANCE WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
<br /> WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
<br /> PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN
<br /> IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO ORAL OR
<br /> WRITTEN INFORMATION OR ADVICE GIVEN BY MAGNET FORENSICS, ITS DISTRIBUTORS,
<br /> AGENTS, DIRECTORS, OFFICERS, OR EMPLOYEES (COLLECTIVELY, "AGENTS") SHALL
<br /> CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
<br /> OTHER THAN AS SPECIFICALLY PROVIDED IN THE USER AGREEMENT, YOU ASSUME THE
<br /> ENTIRE RISK AS TO THE USE AND PERFORMANCE OF THE SOFTWARE AND THE
<br /> MODIFICATIONS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS,
<br /> OR OTHERWISE. IN NO EVENT SHALL MAGNET FORENSICS, ITS AGENTS OR ANYONE
<br /> ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE
<br /> SOFTWARE, THE MODIFICATIONS, THE SUPPORT SERVICES, THE MAINTENANCE
<br /> SERVICES OR ANY OTHER SERVICES BE LIABLE TO YOU OR ANY OTHER PERSON FOR
<br /> ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL
<br /> DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES OR
<br /> PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE)
<br /> ARISING OUT OF THE USE, INABILITY TO USE OR THE PERFORMANCE OR NON-
<br /> 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
<br /> POSSIBILITY OF SUCH DAMAGE OR CLAIM, OR IT IS FORESEEABLE. BECAUSE SOME
<br /> JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
<br /> CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
<br /> TO YOU. IN NO EVENT SHALL MAGNET FORENSICS'S MAXIMUM AGGREGATE LIABILITY
<br /> TO YOU FOR DAMAGES EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES
<br />
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