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<br />Licensee from continuing to use the Software and/or from doing any such act and any other <br />violations or threatened violations of this license. Licensee agrees that Seller's waiver of breach <br />of any provision of this license shall not be deemed waiver of any preceding or succeeding breach <br />of the same or any other provision of this license. <br /> <br />IX. Cancellation <br /> <br />Any failure by Licensee to comply with the obligations imposed upon Licensee by this License <br />Agreement shall be deemed to be a Default. In the event of a Default, FAAC may, after giving <br />thirty (30) days written notice to Licensee, cancel any or all of the licenses granted hereunder, <br />unless the latter corrects such Default within such thirty (30) day period. <br /> <br />X., Return on Cancellation <br /> <br />Within thirty (30) days after the cancellation of the license granted hereunder, Licensee shall <br />deliver to FAAC all Software and copies thereof, or if this is not possible, shall destroy all <br />Software and copies thereof and so certify in writing to F AAe. <br /> <br />XI. Warranty <br /> <br />A. General Warranty <br /> <br />Software will conform to FAAC's DTSrM product specification prevailing at the time of the <br />shipment. F AAe will correct all reported substantial non-conformities in unaltered Software for <br />a period of one (1) year from date of shipment, provided such reports are made in accordance <br />with FAAC's standard reporting procedure and such non-conformities are confirmed by FAAe. <br />Correction of non-conformities may, at FAAC's discretion, consist of any combination of the <br />following: written instructions for installing minor patches, automatic patch capability on <br />Documentation to reflect operating limitations provided that such limitations do not limit the <br />specified guaranteed performance of the Software. <br /> <br />B. Warranty Limitation <br /> <br />The express warranty stated above is in lieu of all other warranties, and FAAC disclaims all other <br />warranties, either express or implied, including all implied warranties of merchantability or <br />fitness for a particular purpose, and the stated express remedies are in lieu of all other remedies, <br />liabilities or obligations of FAAC for damages including, but not limited to, incidental, indirect, <br />special, or consequential damages, such as interruption of business or any loss of business or <br />profits, loss due to personal injury, or harm to property, or any expense experienced by the <br />Licensee or his customer arising out of any defects in or failure or inadequacy of performance of <br />any product furnished by FAAC hereunder. <br /> <br />XII. Limitation of Liability <br /> <br />FAAC's liability to the Licensee for damages hereunder. excluding any liability for copyright or <br />patent infringements, regardless of the form of the action, shall not exceed the charges paid by the <br />Licensee for the particular licensed Software or related material. FAAC's liability to the Licensee <br />for damages for copyright or patent infringement shall not exceed the purchase price of the <br />equipment incorporating such licensed software. No action, regardless of form, arising out of the <br />transactions under this license may be brought by Licensee more than one (1) year after the cause <br />of the action has accrued. <br />