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7. LIMITATION OF LIABILITY: Customer agrees that AmeriData's <br /> total liability under this agreement, for any reason, including but <br /> not limited to, any alleged negligence of AmeriData shall not exceed <br /> the amount paid for Covered Support Services by Customer to <br /> Ameridata. In no event will AmeriData be liable for any incidental <br /> or consequential damages such as, but not limited to, loss of use, <br /> 'loss of data, loss of profit, loss of value added to or taken from <br /> Equipment or any affiliated components, or liability to third <br /> parties, however caused, whether by the negligence of AmeriData or <br /> otherwise. AmeriData will not be liable to Customer for any delay or <br /> failure by AmeriData to perform its obligations under this agreement <br /> if such delay or failure, arises from any cause or causes beyond the <br /> control of AmeriData. Such causes include, but are not limited to: <br /> labor disputes, strikes, other labor or industrial disturbances; <br /> floods, earthquakes, lightning, fire, or acts of god; shortages of <br /> materials, rationing, war, embargoes, blockages, or subdivision <br />" thereof; vandalism or criminal action; utility or communications <br /> failures; operator misuse or abuse, neglect, operator error, use of <br /> improper supplies or accessories, tampering or repair preformed by <br /> other than authorized AmeriData personnel; movement of Equipment to <br /> a new location; or other causes beyond normal usage. <br /> <br />~.. GENERAL PROVISIONS: This Agreement is not assignable without <br />the written consent of AmeriData. This Agreement will be governed by <br />the laws the State of Minnesota and constitutes the entire <br />agreement between the parties with respect to Software Support, and <br />shall supercede all previous commitments and writings with respect <br />to matters set forth herein. Customer agrees to be responsible for <br />all taxes that apply to services rendered under this Agreement. This <br />Agreement may be modified only by a writing signed by the authorized <br />agent of both parties. AmeriData reserves the right to immediately <br />terminate this agreement, without penalty, in the event that <br />Customer is in default of this or any other agreement with <br />AmeriData. The terms and provisions of this Agreement will prevail <br />over any conflicting, additional, or other terms appearing on any <br />purchase order or other correspondence submitted.to AmeriData by <br />Customer at any time. <br /> <br />Agreed to and accepted by: <br />Customer <br /> <br />Agreed to and accepted by: <br />AmeriData Inc. <br /> <br />Authorized Signature <br />Name (Type or Print) <br />Phone Date <br /> <br />Authorized Signature <br />Name (Type or Print) <br /> <br />Phone Date <br /> <br /> <br />