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CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOSS OF USE OR OTHER
PECUNIARY LOSS, EVEN IF GIBSON INNOVATIONS OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT YOU MAY BE CHARGED BY YOUR
MOBILE SERVICE PROVIDERS FOR INTERNET ACCESS IN CONNECTION WITH USE OF THE SOFTWARE,
AND YOU ACCEPT RESPONSIBILITY FOR ANY SUCH CHARGES. IN NO EVENT SHALL GIBSON
INNOVATIONS’ OR ITS LICENSORS’ AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS
AGREEMENT EXCEED THE GREATER OF THE PRICE ACTUALLY PAID BY YOU FOR THE SOFTWARE.
11. Trademarks.
Certain of the product and other names used in this Agreement, the Software, and the printed user
documentation may constitute trademarks of Gibson Innovations, its licensors or other third
parties. Philips and the Philips’ Shield Emblem are registered trademarks of Koninklijke Philips N.V.
and are used by Gibson Innovations under license from Koninklijke Philips N.V. You are not
authorized to use any such trademarks.
12. Export Administration.
You agree that you will not directly or indirectly, export or re-export the Software to any country for
which the United States Export Administration Act, or any similar United States law or regulation
requires an export license or other U.S. Government approval, unless the appropriate export license
or approval has first been obtained. By downloading or installing the Software you agree to abide
by this Export provision.
13. Governing law.
This Agreement is governed by the laws of your country of residence, without reference to its
conflict of laws principles. Any dispute between you and Gibson Innovations regarding this
Agreement shall be subject to the non-exclusive jurisdiction of the courts of your country of
residence.
14. General.
This Agreement, together with the Device End User License Agreement, contains the entire
agreement between you and Gibson Innovations and supersedes any prior representation,
undertaking or other communication or advertising with respect to the Software and user
documentation. If any part of this Agreement is held invalid, the remainder of this Agreement will
continue in full force and effect. This Agreement shall not prejudice the statutory rights of any party
dealing as a consumer.
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