Ptc Software License Agreement

The warranty and indemnification provisions in Sections 6 and 7 contain all liability of the TPC, its parents, subsidiaries and associated companies and each of their directors, senior officers, employees or representatives with respect to the licensed maintenance products and services, including any liability (without limitation) for breach of warranty or for infringement or alleged infringement of patents, Copyrights, trademarks, trade secrets and other intellectual or intellectual property rights by the licensed products or their use. Except as set out in point 7.1 above, PTC`s maximum liability arising from the creation, licensing, supply, operation, use or non-delivery or late supply of the Licensed Products or the provision of maintenance or other services related to these Terms and Conditions is greater, whether it is based on a guarantee, contract, wrongful act or otherwise; not the total fees paid by the customer in respect of the case that motivated the right. i.e. either licensed products or maintenance services. In no event shall PTC, its subsidiaries or affiliates, or their directors, officers, employees or representatives be liable for any loss of profits, operating losses, loss of good value, loss of business opportunities, loss of revenue, loss of reputation or loss of expected savings; (B) LOSS OR INACCURACY OF BUSINESS DATA OR INFORMATION; (C) SPECIFIC, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, HOWEVER CAUSED AND (d) losses resulting from the interruption, cessation or failure of the internet, third party telecommunications services or third party security devices or systems, even if PTC has been advised of the possibility of such damages. Customer agrees not to bring any action or proceeding against PTC and/or its directors, executive officers, employees or representatives, for any reason, more than one year after the action aciss is made. Customer acknowledges that the fees paid by Customer for Licensed Maintenance Products and Services are based in part on the Disclaimer of Warranty and the Liability Rules set forth therein and that the fees for Licensed Service Products and Services would be much higher without Customer`s agreement to these Terms. The restrictions and exclusions set out in this Section 8 do not apply to claims of death or assault. .

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