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13. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL IQUA BE LIABLE TO YOU FOR INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF IQUA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE PURCHASE OR USE OF THE SOFTWARE. IN NO EVENT SHALL
IQUA’S TOTAL OBLIGATIONS OR LIABILITY HEREUNDER EXCEED THE LESSER OF THE MANUFACTURER’S SUGGESTED
RETAIL PRICE FOR THE SOFTWARE IN QUESTION OR ONE THOUSAND DOLLARS ($1,000.00). REGARDLESS OF ANY
LAW TO THE CONTRARY, NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST IQUA MORE THAN
ONE (1) YEAR AFTER THE DATE UPON WHICH THE CLAIM AROSE.
14. CONSIDERATION: YOU HEREBY ACKNOWLEDGE THAT IQUA’S PRICING IS MADE IN RELIANCE UPON THE
LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT
THE CONSIDERATION FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT THE
LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS EULA WILL SURVIVE AND APPLY
EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES; TO THE EXTENT SUCH LAWS APPLY, SOME OF THESE
EXCLUSIONS MAY NOT APPLY TO YOU.
15. THIRD PARTY SOFTWARE: YOU WILL HAVE TO USE SOFTWARE OR EQUIPMENT DEVELOPED OR LICENSED BY
APPLE COMPUTERS, INC. AND MAY USE THE SOFTWARE TO UPLOAD DATA TO FACEBOOK. IQUA MAKES NO
WARRANTIES OR REPRESENTATIONS AND THERE ARE NO CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE OR SUITABILITY OF ANY THIRD-PARTY
SOFTWARE OR EQUIPMENT, INCLUDING THE ABILITY TO INTEGRATE ANY SUCH SOFTWARE OR EQUIPMENT WITH
THE SOFTWARE. THE QUALITY, CAPABILITIES, OPERATIONS PERFORMANCE AND SUITABILITY OF ANY SUCH
THIRD-PARTY SOFTWARE OR EQUIPMENT LIE SOLELY WITH YOU AND THE DIRECT VENDOR, OWNER OR SUPPLIER
OF SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT, AS THE CASE MAY BE.
16. Indemnity. You agree to indemnify, defend and hold harmless IQUA, its officers, directors, employees, agents and
affiliates harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees,
arising out of or relating to any violation of the EULA or any activity related to use of the Device or Software
(including but not limited to infringement of third parties’ worldwide intellectual property rights or negligent or
wrongful conduct) by you or any other person accessing the Software on your behalf.
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