EE33-M

This software is provided "AS IS" without a warranty or representations of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE HEREBY EXCLUDED. E+E AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL E+E OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF E+E HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THE ENTIRE RISK ARISING OUT OF USE, PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE REMAINS WITH THE LICENSEE. IF E+E SHOULD NEVERTHELESS BE FOUND LIABLE, WHETER DIRECTLY OR INDRECTLY, FOR ANY LOSS, DAMAGE OR INJURY ARISING UNDER THIS AGREEMENT OR OTHERWISE, REGARDLESS OF CAUSE OR ORIGIN, ON ANY BASIS WHATSOEVER, ITS TOTAL MAXIMUM LIABILITY IS LIMITED TO EURO 50.000. WHICH WILL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST E+E. IF THIS LIMIT OF EURO 50.000 SHOULD NOT BE VALID BOTH PARTIES AGREE UPON THE NEXT ADMISSABLE LIMIT. All CLAIMS WILL BE TIMEBARRED AFTER 6 MONTH AFTER THE CLAIM AROSE AND THE LICENSEE OBTAINS KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO THE CLAIM OR WOULD HAVE OBTAINED SUCH KNOWLEDGE IF HE HAD NOT SHOWN GROSS NEGLIGENCE.

This software is in particular not designed or intended .for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, Operation or maintenance of any nuclear facility. Licensee represents and warrants that it will not use or redistribute the Software for such purposes.