6. CONSENT You agree that Mountz, its subsidiaries or suppliers may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gath- ered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Software, and to verify compliance with the terms of this Agreement. Mountz may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to You. 7. MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE / DUALMEDIA SOFTWARE / MULTIPLE COPIES / UPDATES If the Software supports multiple platforms or languages, if You receive the Software on multiple media, or if You other- wise receive multiple copies of the Software, the number of computers on which all versions of the Software are installed shall be one computer. You may not rent, lease, sublicense, lend or transfer versions or copies of the Software You do not use. If the Software is an Update to a previous version of the Software, You must possess a valid end user license right to such previous version in order to use the Update and You may use the previous version for ninety (90) days after You receive the Update in order to assist You in the transition to the Update. After such time You no longer have a right to use the previous version, except for the sole purpose of enabling You to install the Update. 8 COMMENCEMENT AND TERMINATION This Agreement is effective from the first date You install the Software. You may terminate this Agreement at any time by permanently deleting, destroying and returning, at Your own cost, the Software, all back-up copies and all related materi- als provided by Mountz. Your end user license rights automatically and immediately terminate without notice from Mountz if You fail to comply with any provision of this Agreement. In such event, You must immediately delete, destroy or return at Your own cost, the Software, all backup copies and all related material to Mountz. 9. NO WARRANITES YOU ACKNOWLEDGE THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW NEITHER MOUNTZ, ITS LICENSORS OR AFFILIATES NOR ANY COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPY- RIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY MOUNTZ OR BYANY OTHER PARTY THATTHE FUNCTIONS CONTAINED IN THE SOFTWARE WILLMEETYOUR REQUIREMENTS OR THATTHE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSI- BILITYAND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT. 8. NO OTHER OBLIGATIONS This Agreement creates no obligations on the part of Mountz other than as specifically set forth herein. Mountz has no obligation to furnish You with technical support unless separately agreed in writing between You and Mountz. 9. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, IN NO EVENT SHALLMOUNTZ, ITS EMPLOYEES, DIRECTORS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENTOF SUBSTITUTE GOODS OR SERVICES, PROPERTYDAMAGE, PERSONALINJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIALOR CONSEQUENTIALDAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITYARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MOUNTZ OR ITS LICENSORS OR AFFILI- ATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURIS- DICTIONS DO NOTALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, BUT MAYALLOW LIABILITYTO BE LIMITED, IN SUCH CASES, MOUNTZ, ITS EMPLOYEES OR LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIM- ITED TO U.S.$50. NOTHING CONTAINED IN THIS AGREEMENT SHALL PREJUDICE THE STATUTORY RIGHTS OF ANY PARTY DEALING AS A CONSUMER. 10. INDEMNITY You will defend, at Your own expense, any legal action brought against Mountz to the extent that it is
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Corporate Headquarters: 1080 North 11th Street, San Jose, CA95112 Phone: (408) 292-2214 Fax: (408) 292-2733 www.mountztorque.com
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