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OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET THAT
<br /> MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE ONLINE SERVICES.
<br /> 8.6 General Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, LATITUDE AND ITS
<br /> LICENSOR(S) DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
<br /> IMPLIED, INCLUDING, BUT NOT LIMITED TO,THE IMPLIED WARRANTIES OR CONDITIONS OF
<br /> MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,ACCURACY OR COMPLETENESS,
<br /> NONINTERFERENCE, SYSTEM INTEGRATION,AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY
<br /> RIGHTS. LATITUDE DOES NOT WARRANT THAT THE PRODUCT(S)WILL MEET LICENSEE'S NEEDS, OR
<br /> THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED, ERROR FREE, FAULT TOLERANT,
<br /> FAIL-SAFE OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. PRODUCT(S)ARE NOT
<br /> DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS THAT MAY
<br /> LEAD TO DEATH, PERSONAL INJURY, OR PHYSICAL PROPERTY/ENVIRONMENTAL DAMAGE.
<br /> 8.7 Exclusive Remedy. Licensee's exclusive remedy and LATITUDE's entire liability for breach of the limited
<br /> warranties set forth in this Article 8 shall be limited, at LATITUDE's sole discretion,to (i)replacement of any defective
<br /> media; (ii) repair, correction, or provision of a work-around for the defective Software or Online Services such that it
<br /> substantially conforms to the published Documentation; or(iii) a refund of the license fees actually paid by Licensee
<br /> for the defective Software or Online Services, provided that the Licensee uninstalls, removes, or destroys all copies of
<br /> the Software and ceases access to and use of the Online Services, and executes and delivers evidence of such
<br /> actions to LATITUDE or its authorized distributor.
<br /> ARTICLE 9. LIMITATION OF LIABILITY
<br /> 9.1 Disclaimer of Certain Types of Liability. LATITUDE, ITS AUTHORIZED DISTRIBUTORS,AND ITS
<br /> LICENSOR(S) SHALL NOT BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE
<br /> GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS;
<br /> BUSINESS COMMITMENTS; LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
<br /> CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE
<br /> PRODUCT(S), HOWEVER CAUSED, ON ANY THEORY OF LIABILITY,AND WHETHER OR NOT LATITUDE, ITS
<br /> LICENSOR(S), OR ITS AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
<br /> DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
<br /> OF ANY LIMITED REMEDY.
<br /> 9.2 General Limitation of Liability. EXCEPT AS PROVIDED IN ARTICLE 10—INFRINGEMENT INDEMNITY,THE
<br /> TOTAL CUMULATIVE LIABILITY OF LATITUDE, ITS LICENSOR(S)AND ITS AUTHORIZED DISTRIBUTOR
<br /> HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, CONTRACT,
<br /> TORT(INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR
<br /> OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID BY LICENSEE FOR THE PRODUCT(S) OR
<br /> MAINTENANCE OR TECHNICAL SUPPORT SERVICES THAT GIVE RISE TO THE CAUSE OF ACTION.
<br /> 9.3 Applicability of Disclaimers and Limitations. Licensee agrees that the limitations of liability and disclaimers set
<br /> forth in this Agreement will apply regardless of whether Licensee has accepted the Product(s)or any other product or
<br /> service delivered by LATITUDE or its authorized distributor.The parties agree that LATITUDE or its authorized
<br /> distributor has set its prices and entered into this Agreement or agreed to the supply of the Product(s) or maintenance
<br /> and/or technical support services for Products licensed under this Agreement in reliance upon the disclaimers and
<br /> limitations set forth herein, and that the same form an essential basis of the bargain between the parties.
<br /> THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
<br /> LIMITED REMEDY.
<br /> THE FOREGOING WARRANTIES, LIMITATIONS,AND EXCLUSIONS MAY NOT BE VALID IN SOME
<br /> JURISDICTIONS AND APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S
<br /> JURISDICTION. LICENSEE MAY HAVE ADDITIONAL RIGHTS UNDER LAW THAT MAY NOT BE WAIVED OR
<br /> DISCLAIMED. LATITUDE DOES NOT SEEK TO LIMIT LICENSEE'S WARRANTY OR REMEDIES TO ANY
<br /> EXTENT NOT PERMITTED BY LAW.
<br /> ARTICLE 10. INFRINGEMENT INDEMNITY
<br /> 10.1 LATITUDE shall defend, indemnify as described below, and hold harmless Licensee from and against any loss,
<br /> liability, cost, or expense, including reasonable attorney's fees, arising out of any claims, actions, or demands by a
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