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NONINFRINGEMENT. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY <br />AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE <br />DEFECTIVE, YOU ASSUME THE ENTIRE RISK OR COST ASSOCIATED WITH <br />SUCH DEFECT AND ANY SERVICE AND REPAIR. <br />H. LIMITATION OF LIABILITY. NEITHER INDUCTIVE AUTOMATION NOR <br />ANYONE INVOLVED IN THE PRODUCTION OR DELIVERY OF THIS SOFTWARE <br />SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL <br />DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH <br />SOFTWARE EVEN IF INDUCTIVE AUTOMATION HAS BEEN ADVISED OF THE <br />POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL <br />INDUCTIVE AUTOMATION LIABILITY FOR ANY DAMAGES EXCEED THE <br />PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE <br />FORM OF CLAIM. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS <br />TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. <br />I. EXPORT RESTRICTIONS. All Software and technical data delivered under this <br />Agreement are subject to US export control laws and may be subject to export or import <br />regulations in other countries. You agree to comply strictly with all such laws and <br />regulations and acknowledge that you have the responsibility to obtain such licenses to <br />export, re-export, or import as may be required after delivery to you. These laws include <br />restrictions on destinations, end users and end use. <br />TERMINATION. This IASLA is effective until terminated. This IASLA terminates on the <br />date of the first occurrence of either of the following events: (1) The expiration of one <br />month from written notice of termination from You to Inductive Automation; or (2) At any <br />time if You violate the terms of this IASLA. Upon termination You shall destroy all copies <br />of the Software, including modified copies, if any. You agree that monetary damages <br />alone is not an adequate and just relief resulting from any breach of this IASLA, that a <br />court order prohibiting any further breach of this IASLA is necessary to prevent further <br />damages, and that you will not oppose any reasonable request for a temporary restraining <br />order, preliminary injunction, or other relief sought by Inductive Automation in the event <br />of a breach of this IASLA. Inductive Automation shall not be required to notify You of <br />any breach, nor make any demand or claim against You resulting from any such breach, <br />or for a demand to stop any use or distribution in violation of the terms of this IASLA, and <br />You agree that any breach of this IASLA and damages resulting therefrom shall relate back <br />to the first and earliest breach thereof. Failure of Inductive Automation to enforce its rights <br />pursuant to this IASLA shall not constitute a waiver of such rights, and shall not prejudice <br />Inductive Automation in any later enforcement of its rights or rights to seek damages <br />therefrom. <br />K. UPGRADES. If You acquired this Software as an upgrade of a previous version, this <br />IASLA replaces and supersedes any prior IASLA. You may continue to use the previous <br />version of the Software, provided that both the previous version and the upgrade are <br />installed on the same computer at all times. You may not have a previous version and the <br />25 <br />