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x 6-00360-04 Rev A
d. Termination upon Insolvency. This License may be terminated by ADIC if the
Licensee (i) terminates or indefinitely suspends its business; (ii) becomes subject to
any bankruptcy or insolvency proceeding under governmental statute; or (iii)
becomes insolvent or becomes subject to direct control by a trustee, receiver or
similar authority.
e. Remedies upon Termination. If this License is terminated by ADIC, ADIC will have
the right to take immediate possession of the Software, Documentation, and all copies
wherever located, without demand or notice. Termination of this License is in
addition to and not in lieu of any equitable or legal remedies available to ADIC.
Notices and Correspondence
All notices and correspondence sent by one party to the other in all matters will be sent to
the addresses listed in the initial paragraph hereof, except as otherwise requested in
writing.
DISCLAIMER AND LIMITATION OF LIABILITY
THE LICENSEE HAS THE SOLE RESPONSIBILITY FOR THE ADEQUATE
PROTECTION AND BACK-UP OF ITS DATA USED IN CONNECTION WITH THE
SOFTWARE. IN NO EVENT WILL ADIC BE LIABLE FOR SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM THE LOSS OF USE, DATA OR PROFITS,
RERUN TIME, INACCURATE INPUT OR WORK DELAYS, OR ANY PERSONAL
OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS
LICENSE OR THE USE, PERFORMANCE OR NON-PERFORMANCE OF THE
SOFTWARE, WHETHER IN ACTION, IN CONTRACT, OR TORT INCLUDING
NEGLIGENCE, EVEN IF ADIC KNEW, SHOULD HAVE KNOWN OR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADIC's LIABILITY FOR
DAMAGES HEREUNDER WILL IN NO EVENT EXCEED THE AMOUNT OF FEES
PAID BY LICENSEE UNDER THIS LICENSE.