User acknowledges that:
(i) the Site Products contain technical information and commercial information and copyright, trade secret rights and other intellectual property and proprietary rights reside in the Site Products;
(ii)Licensor, and its suppliers, hold copyright and other intellectual and proprietary rights in the Site Products and all right, title and interest in and to the Site Products and all modifications thereto will at all times be vested in and remain the property of Licensor and its suppliers;
(iii)no ownership rights in and to the Site Products are transferred to User;
(iv)Licensor hereby reserves all copyright, trade secret, and other intellectual property and proprietary rights not expressly granted hereunder; and
(v)disclosure of the Site Products by User would significantly prejudice the competitive position in the marketplace of Licensor or its suppliers or interfere significantly with other contractual negotiations of Licensor or its Suppliers.
Licensor and its suppliers makes no warranties with respect to the Site Products, and User acknowledges the Site Products are provided on an "as is" and “as available” basis, without any warranties, representations or conditions, express or implied including warranties, representations or conditions of merchantable quality, fitness for a particular purpose or non-infringement of third party rights, or those arising by law or by usage of trade or course of dealing. The entire risk as to the results and performance of the Site Products is assumed by User.
LICENSOR AND ITS SUPPLIERS, AGENTS, EMPLOYEES, AND REPRESENTATIVES SHALL NOT HAVE ANY LIABILITY TO USER OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF REVENUE OR PROFIT OR SAVINGS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR CLAIMS BY A THIRD PARTY AGAINST USER. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF LICENSOR AND ITS SUPPLIERS TO THE USER OR ANY OTHER PARTY FOR ANY CAUSE WHATSOEVER RELATED TO THE SITE PRODUCTS SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY USER, IF ANY, IN THE TWELVE MONTHS PRECEDING THE DATE OF ANY CLAIM, AND IF NO LICENCE FEES HAVE BEEN PAID, $1. THIS SECTION SHALL APPLY WHETHER OR NOT THE LIABILITY RESULTS FROM A BREACH OF A TERM OR CONDITION, OR A FUNDAMENTAL BREACH OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
This Agreement, and any licence granted hereunder shall terminate immediately in the event that:
(i) User is in default of a material obligation under this Agreement;
(ii) User breaches any of its obligations or covenants hereunder with respect to confidential information, or infringes any copyright, trade secret or other intellectual property or proprietary rights in the Site Products; or
(iii) any applicable law, regulation, decision, order or government policy restricts or precludes the collection, use or disclosure of the Site Products or any part thereof by Licensor, or the use of or access to the Site Products or part thereof by User.
On termination of this Agreement, User shall cease using the licensed Site Products and, at the request of Licensor, shall destroy any copy of the Site Products in its possession and certify that the licensed Site Products have been purged from all of User’s computer systems, and all hardcopy materials produced from the licensed Site Products have been destroyed.
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