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8 License Informations
Sirona Dental Systems GmbH
Manual del operador APOLLO DI
8. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING
NEGLIGENCE, SHALL AMD, OR ITS DIRECTORS, OFFICERS,
EMPLOYEES OR AGENTS ("AUTHORIZED REPRESENTATIVES"), BE
LIABLE TO YOU FOR ANY PUNITIVE, EXEMPLARY, DIRECT,
INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY
TO USE THE SOFTWARE OR RELATED DOCUMENTATION,
BREACH OR DEFAULT, INCLUDING THOSE ARISING FROM
INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT,
TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY
RIGHT, BY AMD, EVEN IF AMD OR AMD'S 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. AMD will not be liable for: 1)
loss of, or damage to, your records or data; or 2) any damages claimed
by you based on any third party claim. In no event shall AMD'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. Export Restrictions. You shall adhere to all U.S. and other applicable
export laws, including but not limited to the U.S. Export Administration
Regulations (EAR), currently found at 15 C.F.R. Sections 730 through
744. Further, pursuant to 15 C.F.R Section 740.6, You hereby certifies
that, except pursuant to a license granted by the United States
Department of Commerce Bureau of Industry and Security or as
otherwise permitted pursuant to a License Exception under the U.S.
Export Administration Regulations ("EAR"), You will not (1) export, re-
export or release to a national of a country in Country Groups D:1 or E:2
any restricted technology, software, or source code it receives from AMD,
or (2) export to Country Groups D:1 or E:2 the direct product of such
technology or software, if such foreign produced direct product is subject
to national security controls as identified on the Commerce Control List
(currently found in Supplement 1 to Part 774 of EAR). For the most
current Country Group listings, or for additional information about the
EAR or Recipient's obligations under those regulations, please refer to
the U.S. Bureau of Industry and Security's website at http://
www.bis.doc.gov/. These export requirements shall survive any
expiration or termination of this Agreement.
10. Controlling Law and Severability. This Agreement will be governed by
and construed under the laws of the State of California without reference
to its conflicts of law principles. The rights and obligations under this
Agreement shall not be governed by the United Nations Convention on
Contracts or the International Sale of Goods, the application of which is
expressly excluded. Each party hereto submits to the jurisdiction of the
state and federal courts of Santa Clara County and the Northern District
of California for the purpose of all legal proceedings arising out of or
relating to this Agreement or the subject matter hereof. Each party waives
any objection which it may have to contest such forum.
64 33 820 D3624
44
D3624.208.01.02.04 12.2013
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