3. INTELLECTUAL PROPERTY RIGHTS:
The Software and any copies that you are authorized by this EULA to make are the intellectual property of and are owned by the Licensor. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of the Licensor. The Software is licensed, not sold.
4. TERMINATION:
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from the Licensor if you fail to comply with any of its terms. Upon termination of this Agreement, you shall cease all use of the Software and destroy all copies of the Software in your possession.
5. DISCLAIMER OF WARRANTIES:
The Software is provided “as is,” with all faults, defects, bugs, and errors. No warranties are made by the Licensor as to the performance, operation, or quality of the Software, or that the Software will be free from failure, error, or downtime. The Licensor disclaims all warranties, express or implied, including without limitation, warranties of merchantability and fitness for a particular purpose.
6. LIMITATION OF LIABILITY:
To the maximum extent permitted by applicable law, in no event will the Licensor be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of profits, for loss of data, for loss of use, or costs of obtaining substitute goods or services) arising out of the use of or inability to use the Software, even if the Licensor has been advised of the possibility of such damages.
6. LIMITATION OF LIABILITY:
To the maximum extent permitted by applicable law, in no event will the Licensor be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of profits, for loss of data, for loss of use, or costs of obtaining substitute goods or services) arising out of the use of or inability to use the Software, even if the Licensor has been advised of the possibility of such damages.