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NavCom Sapphire Rev.J User Manual

Page 399

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Sapphire Technical Reference Manual Rev. J

399

BUSINESS OR REPUTATION ARISING FROM THE PERFORMANCE OR NON-
PERFORMANCE OF ANY ASPECT OF THIS AGREEMENT, WHETHER IN CONTRACT,
TORT OR OTHERWISE, AND WHETHER OR NOT Licensor, ITS AFFILIATES OR ITS
THIRD PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL Licensor's CUMULATIVE LIABILITY TO YOU OR TO
ANY OTHER PARTY FOR ANY LOSSES OR DAMAGES RESULTING FROM ANY
CLAIMS, LAWSUITS, DEMANDS, OR ACTIONS ARISING FROM OR RELATING TO USE
OF THE Software EXCEED YOUR TOTAL PAYMENT FOR THE Receiver and for the
license of the Software.

8. Software Maintenance. Licensor may, at its sole option, offer you maintenance of the

Software, even though the Warranty Period (as defined above) has expired. Such
maintenance may include providing modifications, corrections or enhancements
("Upgrades") to the Software and/or the applicable User Manual(s). Licensor reserves the
right, in its sole discretion, to charge you for maintenance (except in cases where
corrections are provided under the Limited Warranty). Your acceptance of this License
Agreement constitutes your agreement that any Upgrades will be deemed included in the
Software as defined in this License Agreement and that they shall be governed by the terms
and conditions applicable to the Receiver Software under this License Agreement.

9. Termination of License. Licensor may terminate the license granted under this Agreement

upon written notice of termination provided to you if you violate any material term of this
Agreement pertaining to your use of the Software or Licensor's rights, including, without
limitation, the provisions of Sections 2 and 3 above.

10. Compliance with Law. You agree that you will use the Software in accordance with United

States law and the laws of the country in which you are located, as applicable, including
foreign trade control laws and regulations. The Software may be subject to export and other
foreign trade controls restricting re-sales and/or transfers to other countries and parties. By
accepting the terms of this Agreement, you acknowledge that you understand that the
Software may be so controlled, including, but not limited to, by the Export Administration
Regulations and/or the foreign trade control regulations of the Treasury Department of the
United States. Any other provision of this Agreement to the contrary notwithstanding, you
agree that the Software will not be resold, re-exported or otherwise transferred. The
Software remains subject to applicable U.S. laws.

11. Indemnification. You agree to defend, indemnify and hold Licensor, its affiliates and third

party supplier, and their officers, directors, employees, agents and representatives (each an
"Indemnified Party"), harmless from and against all claims, demands proceedings, injuries,
liabilities, losses, or costs and expenses (including reasonable legal fees) brought by any
third party against any such persons arising from or in connection with your use of the
Software, regardless of whether such losses are caused, wholly or partially, by any
negligence, breach of contract or other fault of an Indemnified Party.

12. Trademark

. StarFire™ is a trademark of Licensor. No right, license, or interest to such

trademark is granted hereunder, and you agree that no such right, license, or interest shall
be asserted by you with respect to such trademark.

13. Costs of Litigation. If any claim or action is brought by either party to this License Agreement

against the other party regarding the subject matter hereof, the prevailing party shall be
entitled to recover, in addition to any other relief granted, reasonable attorney fees and
expenses of litigation.

14. Severability and Waiver. Should any term of this License Agreement be declared void or

unenforceable by any court of competent jurisdiction, such declaration shall have no effect
on the remaining terms hereof. The failure of either party to enforce any rights granted