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Documentation, the entire liability of Adobe and Licensee's exclusive remedy shall be limited to either,
<br />at Adobe's option, the replacement of the Software or the refund of the license fee paid to Adobe for
<br />the Software.
<br />7.2 DISCLAIMER. THE FOREGOING LIMITED WARRANTY IS THE ONLY WARRANTY
<br />MADE BY ADOBE AND STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ADOBE'S,
<br />ITS AFFILIATES' OR ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE
<br />FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION,
<br />REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY
<br />NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE IN LICENSEE'S JURISDICTION,
<br />ADOBE, ITS AFFILIATES AND ITS SUPPLIERS PROVIDE THE SOFTWARE AS -IS AND WITH
<br />ALL FAULTS AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS,
<br />REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE,
<br />COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS,
<br />INCLUDING PERFORMANCE, SECURITY, NON - INFRINGEMENT OF THIRD PARTY
<br />RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY
<br />QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
<br />8. LIMITATION OF LIABILITY. EXCEPT FOR THE EXCLUSIVE REMEDY SET FORTH
<br />ABOVE AND AS OTHERWISE PROVIDED IN SECTION 4, IN NO EVENT WILL ADOBE, ITS
<br />AFFILIATES OR ITS SUPPLIERS BE LIABLE TO LICENSEE FOR ANY LOSS, DAMAGES,
<br />CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR
<br />INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES
<br />RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET
<br />ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY EVEN IF AN ADOBE
<br />REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES,
<br />CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE
<br />EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION. ADOBE'S
<br />AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN
<br />CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR
<br />THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A
<br />FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR
<br />MATERIAL TERMS OF THIS AGREEMENT. Nothing contained in this Agreement limits Adobe's
<br />liability to Licensee in the event of death or personal injury resulting from Adobe's negligence or for
<br />the tort of deceit (fraud). Adobe is acting on behalf of its affiliates and suppliers for the purpose of
<br />disclaiming, excluding and limiting obligations, warranties and liability, but in no other respects and
<br />for no other purpose. For further information, please see the jurisdiction specific information at the end
<br />of this agreement, if any, or contact Adobe's Customer Support Department.
<br />9. Governing Law. This Agreement, each transaction entered into hereunder, and all matters
<br />arising from or related to this Agreement (including its validity and interpretation), will be governed
<br />and enforced by and construed in accordance with the substantive laws in force in: (a) the State of
<br />California, if a license to the Software is purchased when Licensee is in the United States, Canada, or
<br />Mexico; or (b) Japan, if a license to the Software is purchased when Licensee is in Japan, China,
<br />Tyler Financial And Human Resources Software Application Systems Agreement 2013
<br />
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