ETC Element v2.1.0 - Manual (Page 309)

MUN 101879-2.009900.0011 3
Theatre Controls, Inc., 3031 Pleasant View Road, Middleton, Wisconsin, USA,
53562-0979.
8.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER
TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, SHALL
ETC BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY (I) TO DEATH OR
PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO
THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION, (II) FOR
CONSUMERS WITH RESIDENCE IN A MEMBER COUNTRY OF THE
EUROPEAN UNION (A) TO DEATH OR PERSONAL INJURY RESULTING
FROM ETC’S NEGLIGENCE, (B) TO THE VIOLATION OF ESSENTIAL
CONTRACTUAL DUTIES BY ETC, AND (C) TO DAMAGES RESULTING FROM
ETC’S GROSS NEGLIGENT OR WILLFUL BEHAVIOR. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT APPLY TO YOU.
9.
Export Administration
The Software, including technical data, are subject to U.S. export control laws,
including without limitation, the U.S. Export Administration Act and its associated
regulations, and may be subject to export or import regulations in other countries.
User shall not directly or indirectly export or re-export the Software, or the direct
product thereof, without first obtaining ETC’s written approval. User agrees to
comply with all regulations and acknowledges that it has the responsibility to
obtain licenses to export, re-export, or import the Software. The Software may
not be downloaded or otherwise exported or re-exported (i) into, or to, any
country to which the U.S. has embargoed goods, or to a national or resident
thereof; or (ii) to anyone on the U.S. Treasury Department’s list of Specially
Designated Nationals and Blocked Persons List; or (iii) to any country facing U.S.
sanctions, as listed by the U.S. Treasury Department’s Office of Foreign Assets
Control.
10.
Termination
Notwithstanding the above, ETC may, without prejudice to any other rights or
remedies, terminate this EULA, if any of the following events should occur: (i) if
you fail to perform or comply with any provision or term herein; and (ii) if you
become insolvent, go into liquidation, file or initiate an action for bankruptcy, or
have a receiver, administrative receiver or liquidator appointed or suffer similar