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DEFECT OR DEFICIENCY,OR THAT THE OPERATION OF SOFTWARE WILL BE UNINTERRUPTED OR ERROR
<br /> FREE.
<br /> 14.LIMITATION ON PDC LIABILITY. THE AGGREGATE LIABILITY OF PDC ARISING FROM OR RELATING TO THIS
<br /> AGREEMENT OR THE SOFTWARE,REGARDLESS OF THE FORM OF ACTION OR CLAIM,WHETHER CONTRACT,
<br /> WARRANTY,TORT,STRICT LIABILITY,MALPRACTICE,INDEMNITY,AND/OR OTHERWISE,AND WHETHER OR
<br /> NOT ARISING IN WHOLE OR IN PART FROM PDC'S FAULT,NEGLIGENCE,STRICT LIABILITY,OR PRODUCT
<br /> LIABILITY,SHALL NOT EXCEED THE AMOUNT OF THE SOFTWARE LICENSE FEE PAID BY YOU TO PDC DURING
<br /> THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIM.PDC SHALL NOT IN ANY CASE BE
<br /> LIABLE FOR ANY SPECIAL,INCIDENTAL,CONSEQUENTIAL,INDIRECT OR PUNITIVE DAMAGES,EVEN IF PDC
<br /> HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.PDC SHALL NOT BE LIABLE TO ANY THIRD
<br /> PARTY FOR ANY CLAIM,LIABILITY OR DAMAGES RESULTING FROM OR RELATING TO YOUR USE OF THE
<br /> SOFTWARE OR ANY RELIANCE THEREON. PDC IS NOT RESPONSIBLE FOR LOST PROFITS OR REVENUE,LOSS OF
<br /> USE OF THE SOFTWARE OR OTHER COMPUTER PROGRAMS,FAILURE OF THE SOFTWARE TO OPERATE
<br /> WITHOUT INTERRUPTION,LOSS OF DATA,COSTS OF RE-CREATING LOST DATA,OR THE COST OF ANY
<br /> SUBSTITUTE EQUIPMENT OR PROGRAM. THE OFFICERS,DIRECTORS,EMPLOYEES AND REPRESENTATIVES OF
<br /> PDC ARE NOT PARTIES TO THIS AGREEMENT AND SHALL HAVE NO LIABILITY RELATING TO THIS AGREEMENT
<br /> OR ITS SUBJECT MATTER.EXCEPT FOR THE LIMITED WARRANTY,PDC MAKES NO WARRANTY CONCERNING
<br /> THE SOFTWARE,AND PDC SHALL NOT OTHERWISE BE LIABLE FOR ANY NONCONFORMITY IN THE SOFTWARE
<br /> OR IN THE PDS.
<br /> 15.RESPONSIBILITY. IT IS YOUR RESPONSIBILITY TO EXAMINE AND TEST THE SOFTWARE AFTER IT IS
<br /> DELIVERED TO YOU TO DETERMINE IF IT IS ACCEPTABLE TO YOU AND ADEQUATE AND SAFE FOR YOUR
<br /> NEEDS AND USES. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR USE OF AND RELIANCE ON THE
<br /> SOFTWARE. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT,INCLUDING,
<br /> WITHOUT LIMITATION,THE BSP AND THE PROVISIONS AND DISCLAIMERS SET FORTH IN THE BSP UNDER
<br /> THE HEADING"RESPONSIBILITY,"AND THAT THE LICENSE IS CONDITIONED ON YOUR REPRESENTATION TO
<br /> PDC THAT YOU HAVE ACCEPTED AND AGREE TO BE BOUND BY THIS AGREEMENT AND THESE PROVISIONS
<br /> AND DISCLAIMERS.
<br /> 16.ALLOCATION OF RISK. THIS AGREEMENT DEFINES A MUTUALLY AGREED-UPON ALLOCATION OF RISK,
<br /> AND THE FEES PAYABLE HEREUNDER REFLECT SUCH ALLOCATION OF RISK.
<br /> 17. Termination. Either party may terminate this Agreement,based upon a breach of this Agreement by the other Party which is not
<br /> cured within 30-days of written notice thereof. This Section 17 shall not limit the relief,remedies and damages to which the non-
<br /> breaching party may be entitled.You may also terminate the Agreement by returning the Software to PDC at any time.Upon any
<br /> termination of the Agreement,you must,within 15-days of termination,cease using the Software and return it to PDC,together with
<br /> any Software-related products provided to you by PDC hereunder and any copies created by you,and a written certificate that you
<br /> have not retained and no longer control access to any copies of any of the Software,and that you have not transferred or disclosed any
<br /> of the same to any third party.
<br /> 18.Disputes. This Agreement shall be governed in all respects by the laws of the United States.
<br /> 19.Export Controls. You warrant and certify the Software will not be exported,re-exported or otherwise made available by you
<br /> to any country in violation of any U.S.laws or regulations.
<br /> 20.Assignment. You may not assign or in any way transfer the License,this Agreement,or your rights hereunder without the
<br /> prior,written consent of PDC. PDC may assign or transfer this Agreement to any third party who acquires substantially all of its
<br /> intellectual property in the Software.
<br /> 21.Severability. In the event that any provision in the Agreement is invalid,unenforceable,or in conflict with applicable law,
<br /> then such provision shall be construed,limited,and narrowed to the extent necessary to make the provision valid,enforceable,and
<br /> in compliance with applicable law.This may include the incorporation of exceptions into the provision,if necessary.Other
<br /> provisions of this Agreement shall not be affected thereby.
<br /> 22. Government End Users. A"U.S.Government End User"shall mean any agency or entity of the government of the United
<br /> States. The following shall apply if Licensee is a U.S.Government End User. The Software is a"commercial item,"as that term
<br /> is defined in 48 C.F.R.2.101 (Oct. 1995),consisting of"commercial computer software"and"commercial computer software
<br /> documentation,"as such terms are used in 48 C.F.R. 12.212(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
<br /> 227.7202-1 through 227.7202-4(June 1995),all U.S.Government End Users acquire the Software with only those rights set forth
<br /> herein. The Software(including related documentation)is provided to U.S.Government End Users: (a)only as a commercial end
<br /> item;and(b)only pursuant to this Agreement. With respect to end-users that are of any other government,similar conditions are
<br /> likewise agreed upon between the parties,to the effect that Licensee hereby acknowledges that the Software constitutes a pre-
<br /> existing commercial product developed at private expense and provided to Licensee only in accordance with the terms and
<br /> conditions of this Agreement and that Licensee has no rights not explicitly granted by PDC under this Agreement.
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<br /> ©2013 Priority Dispatch Corp.,SLC,UT,USA. All Rights Reserved.
<br /> US.Patents:2481682;5857966;5989187;6004166;6010451;6053864;6076065;6078894;6106459;6607481;7106835;7428301;7436937;7645234;8066638;8103523;8294570;8335298;8355483;
<br /> 8396191;8417533;8488748;8494868(other patents pending)
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