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7. LIMITATION OF LIABILIT¥: Customer a~rees that AmerlData'e total liability <br />under this Agreement, for any reason, including but not limited to, any alleged <br />negligence of ~meriData shall not exceed the amount paid for Covered Support <br />Services by Customer to AmeriData. In no event will AmerlData be liable for <br />~ny incidental or consequential d~ma~es such &s, but not limited to, loss of <br />use, lots of dlta, lois of profit, loss of value added to or taken from <br />Equipment or any affiliated components, or liability to third parties, however <br />caused,'whether by the negligence of AmerlData or otherwise. AmerlData will <br />not be liable to Customer for any del~v or failure By AmerlData to perform <br />obliSations ~der thim A6reement iff such del~ or ffatlure, ~leee from ~y <br />cause or causes beyond the control off ~eriData. Such causes include, ~ut <br />not limited '~o: labor disputes, strikes, other labor or industrial <br />dieturb~ces; ffloods, earthquakes, ll6htnin6, flits, or acts off Ood; ehort~es <br />off materials, rationtn6, var, embar6oee, block~es; actions, restrictions, <br />resulations, or orders off ~y 8overnment, ~ency, or subdivision <br />v~dalism or criminal actlon; utility or co~unica~ions ffailures; operator <br />misuse or abuse, neslect, operator error, use off improper supplies or <br />accessories, Z~perin8 or repair perfformed by other th~ authorized Amerl~ata <br />personnel; movemen~ off the Equipment ~o a ney location; or other causes beyond <br />normal us~e. <br /> <br />8. GENERAL PROVISIONS: This Agreement is not assignable without the written <br />consent of AmeriData. This Agreement will be governed by the laws of the State <br />of Minnesota and constitutes the entire a~reement between the parties with <br />respect to Software Support, and shall supercede all previous commitments and <br />writings with respect to matters set forth herein. Customer agrees to be <br />responsible for all taxes that may apply to services rendered under this <br />Agreement. This Agreement may be modified only by a writing signed by the <br />authorized agent of both parties. AmeriData reserves the right to immediately <br />terminate this Agreement, without penalty, in'the event that Customer is in <br />default of this or any other agreement with AmeriData. The terms and <br />provisions of this Agreement will prevail over any conflicting, additional, or <br />other terms appearing on any purchase order or other correspondence submitted <br />to AmeriData by Customer at any time. <br /> <br />Agreed to and accepted By: <br />Customer <br /> <br />Authorized Signature <br /> <br />Name (Type or Print) <br /> <br />Phone <br /> <br />Date <br /> <br />Agreed to and accepted by: <br /> <br />l~ame (Type or Print) <br /> <br /> <br />