DISCLAIMER OF WARRANTIES
THE LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT:
1.1. LICENSEE's SOLE RISK
THE LICENSEE's USE OF THE APPLICATION IS AT THE LICENSEE's SOLE RISK.
THE APPLICATION IS PROVIDED ON AN 'AS IS' BASIS AND WITHOUT
WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE
LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
APPLICATION IS WITH THE LICENSEE. SHOULD IT PROVE DEFECTIVE, THE
LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION.
THE LICENSORS SHALL BE ALLOWED BUT NOT OBLIGED TO PROVIDE
UPDATES TO THE APPLICATION IF THE LICENSORS DECIDE THE UPDATE IS
NECESSARY.
The LICENSORS do NOT provide any warranty about security of the APPLICATION
against hackers and other security threats.
1.2. THE AUTHOR MAKES NO WARRANTY
THE LICENSORS MAKE NO WARRANTY
- THAT THE APPLICATION WILL MEET THE LICENSEE's REQUIREMENTS
- THAT THE APPLICATION WILL BE ERROR-FREE OR BUG-FREE
- REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF
THE APPLICATION
- THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED.
1.3. THE LICENSEE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
ANY CONTENT OR MATERIAL PROCESSED THROUGH THE USE OF THE
APPLICATION IS DONE AT THE LICENSEE's OWN DISCRETION AND RISK AND
THE LICENSEE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE
LICENSEE's COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT
RESULTS FROM THE USAGE OF THE APPLICATION.
1.4. NO USE IN CRITICAL SYSTEMS
THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR
FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS,
AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL
SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF
THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE
PHYSICAL OR ENVIRONMENTAL DAMAGE.
1.5. NO OTHER WARRANTIES
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
THE LICENSEE OR ITS REPRESENTATIVE FROM THE AUTHOR OR ANY THIRD
PARTY OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
1.6. FURTHER WORK
The LICENSORS have NO obligation to fix any defects under this AGREEMENT.
The LICENSORS have NO obligation to fix any compatibility issues described in the
2/21/14 EPM Tours Exclusive Sublicense - EPM2014Q2 11 / 15
11 / 15Section 6. (APPLICATION Customization and Compatibility) under this AGREEMENT.
The LICENSORS have NO obligation to provide any help to the LICENSEE in total
amount more than 2(two) hours of work of the AUTHOR including but not limited to fixing
defects in the APPLICATION. But if the AUTHOR expresses his willing to help to do
corrections of defects and other adjustments of the APPLICATION the AUTHOR shall
be additionally paid by the LICENSEE at the rate mutually agreed after the
FULFILLMENT of this AGREEMENT.
The LICENSORS have no any responsibility to do any administration of the
APPLICATION under this AGREEMENT including but not limited to backing up any data
used or processed by the APPLICATION.
The LICENSORS are NOT responsible and have NO obligation for further
support and development of the APPLICATION under this AGREEMENT. If the
LICENSEE needs to do any changes to the APPLICATION it is a subject for an
additional fee under a new agreement with the AUTHOR, SUBLICENSOR or
another software developer. An amount of work efforts and other terms of
further development is not covered by this AGREEMENT and may be
negotiated separately from this AGREEMENT.

2. LIMITATION OF LIABILITY
Only the LICENSEE is responsible for selection of the APPLICATION and results of its usage.
THE LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT THE LICENSORS
SHALL NOT BE LIABLE TO THE LICENSEE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF ANY OF THE LICENSORS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY
TO USE THE APPLICATION; (II) THE INABILITY TO USE THE APPLICATION TO ACCESS
CONTENT OR DATA; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE LICENSEE's
TRANSMISSIONS OR DATA; OR (V) ANY OTHER MATTER RELATING TO THE
APPLICATION. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST
EXTENT PERMITTED BY LAW.
THE LICENSEE IS ALLOWED TO USE THE APPLICATION WORLDWIDE EXCEPT
THE TERRITORIES WHERE IT INFRINGES SOMEONES PATENT(S) UNTIL PATENT
ISSUES ARE RESOLVED WITHOUT ANY CLAIMS TO THE LICENSORS. IN NO
EVENT WILL THE LICENSORS LIABILITY TO THE LICENSEE IN TOTAL, WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE
SUM OF $0(ZERO) USD.
IN NO EVENT WILL THE LICENSORS QUANTUM OF DAMAGES OF ANY TYPE
(INCLUDING BUT NOT LIMITED TO DIRECT DAMAGES, INDIRECT DAMAGES,
DAMAGE DUE TO LOSS OF CONFIDENTIAL INFORMATION, CONSEQUENTIAL
DAMAGES, INCIDENTAL DAMAGES, LIQUIDATED DAMAGES, PATENT DAMAGES,
ACTUAL DAMAGES, COMPENSATORY DAMAGES, NON-CONTRACTUAL DAMAGES,
DAMAGES CAUSED BY INCORRECT USAGE OF THE APPLICATION, DAMAGES
FROM ACTIVITIES OF THIRD PARTIES), LOST PROFIT, REIMBURSEMENT AMOUNT,
AMOUNT REFUNDED, AMOUNT OF COMPENSATION, EXCLUSIVE PENALTIES,
EXTENT OF COMPENSATION EXCEED THE SUM OF $0(ZERO) USD.
SUCH $0(ZERO) USD COMPENSATION AS DESCRIBED IN TWO PREVIOUS
CLAUSES IS ALLOWED TO BE CHARGED ONLY ONCE (NOT REPEATABLE).
2/21/14 EPM Tours Exclusive Sublicense - EPM2014Q2 12 / 15
12 / 15THE LICENSORS SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT.
THE LICENSORS LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
IN NO EVENT SHALL THE LICENSORS LIABILITY EXCEED $0(ZERO) USD
The LICENSORS shall not be liable for any damages arising of any other contracts (including
but not limited to purchase of hardware, software licenses, services) between the LICENSEE
and any third party even if any of the LICENSORS advised to execute them.
A penalty for the LICENSORS violation of any non-disclosure agreement between the
LICENSEE and any of the LICENSORS is $0(ZERO) USD and can be charged only once (not
repeatable).
Forfeits and penalties related to possible delays or unexpectedly long duration of the
APPLICATION development by the AUTHOR are equal to $0(ZERO) USD and can be charged
only once (not repeatable).
The LICENSORS are NOT responsible for their failure to oblige the terms of this
AGREEMENT in the following cases:
- lack of guilt of the LICENSORS
- both parties are guilt for the failure to oblige the terms of this AGREEMENT
- the LICENSEE facilitated to increase amounts of damages and did not took an action to
reduce damages
The LICENSEE agrees that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the APPLICATION or the AGREEMENT is
allowed to be filed only within 3 (three) months after such claim or cause of action arose and
only within 6 (six) months since the EFFECTIVE DATE of the AGREEMENT or be forever
barred.
The LICENSORS shall never be entitled to recover any LICENSEE's attorney fees and
statutory costs, even if the LICENSEE is a prevailing party in the Court.
The names of actual companies (like Microsoft) and products mentioned herein may be the
trademarks of their respective owners.