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7. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the
Software is at your sole risk. The software and related documentation are provided “AS IS” and
without warranty of any kind and SHARP and SHARP’S Licensor(s) (for the purpose of provisions 7
and 8, SHARP and SHARP’S Licensor(s) shall be collectively referred to as “SHARP”)
EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. SHARP DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, SHARP DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY SHARP OR A SHARP AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE
OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT
SHARP OR A SHARP AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION, SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
8. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL
SHARP BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED
DOCUMENTATION, EVEN IF SHARP OR A SHARP AUTHORIZED REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
In no event shall SHARP’S total liability to you for all damages, losses, and causes of action (whether
in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.
9. Controlling Law and Severability. For a portion of the Software related with Apple Macintosh
and Microsoft Windows, this license shall be governed by and construed in accordance with the laws
of the state of California and Washington, respectively. If for any reason a court of competent
jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision
of the License shall be enforced to the maximum extent permissible so as to effect the intent of the
parties, and the remainder of this License shall continue in full force and effect.
10. Complete Agreement. This License constitutes the entire agreement between the parties with
respect to the use of the Software and related documentation, and supersedes all prior or
contemporaneous understandings or agreements, written or oral, regarding such subject matter.
No amendment to or modification of this License will be binding unless in writing and signed by a duly
authorized representative of SHARP.
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