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Progress Openedge 102b Serial |TOP|

Progress Openedge 102b Serial |TOP|





             

Progress Openedge 102b Serial


6. liability. except as expressly provided in this agreement, progress is and shall be the exclusive remedy and licensee hereby agrees to hold progress harmless from and against all claims, demands, obligations, losses, liabilities, costs, actions, proceedings, damages, losses, and deficiencies, including but not limited to, reasonable attorney’s fees and/or court costs (collectively “claims”), arising out of or relating to this agreement, any alleged violation of any terms, obligations or representations of this agreement by licensee, any alleged breach of this agreement by licensee, and/or any alleged violation of the rights of any third party by licensee, including, but not limited to, the use of the products or any updates and/or the provision of support services. not withstanding anything to the contrary, and to the maximum extent permitted by law, as a condition of this agreement, licensee agrees to indemnify progress against any claim arising out of or relating to this agreement, any alleged violation of any terms, obligations or representations of this agreement by licensee, any alleged breach of this agreement by licensee, or any alleged violation of the rights of any third party by licensee, including, but not limited to, the use of the products or any updates and/or the provision of support services.

8. limitation of liability. progress shall not be liable for any incidental, special, exemplary, consequential, or punitive damages, including, but not limited to, damages for loss of profits or goodwill or business interruption, arising out of or in connection with this agreement, any alleged violation of any terms, obligations or representations of this agreement by licensee, any alleged breach of this agreement by licensee, or any alleged violation of the rights of any third party by licensee, including, but not limited to, the use of the products or any updates and/or the provision of support services.




5.1 to the extent that licensee is not relying upon the business process modeling functionality of the business modeler software, the progress openedge library is provided to licensee as-is and progress does not warrant that the progress openedge library will function in the manner contemplated by the documentation or that it is error free. in no event shall progress be liable for damages arising out of the use of the progress openedge library. 6.3 licensee is not permitted to decompile or disassemble the product, any updates or the documentation or to otherwise reverse engineer any portion of the product or updates or the documentation. progress is not obligated to provide technical support for the product, the documentation or updates, but may, from time to time, provide such support, including without limitation on the terms and conditions of this agreement. 7.1 progress shall have the right to terminate this agreement without notice upon licensee’s failure to comply with any term or condition of this agreement. upon termination of this agreement, progress shall have the right, in its sole discretion, to immediately remove all copies of the product from the premises of licensee and to delete all files pertaining to the product from any of the licensees’ computers or servers, and such removal or deletion shall constitute full and complete termination of the license granted by this agreement. 8.1 progress is not obligated to provide any support, training or assistance to licensee for the product except as set forth in this agreement. not withstanding any provision of this agreement to the contrary, progress may, at its sole discretion, provide support, training and assistance to licensee with respect to the product pursuant to a support agreement between the parties. progress is not obligated to provide any support, training or assistance to licensee for updates or updates, including any technical or other support. 5ec8ef588b


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