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License changes #1241

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merged 3 commits into from
Mar 7, 2024
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License changes #1241

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License changes
buger Mar 6, 2024
1946715
Update COMM-LICENSE
buger Mar 6, 2024
7bdd615
Update COMM-LICENSE
buger Mar 7, 2024
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6 changes: 2 additions & 4 deletions COMM-LICENSE
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Expand Up @@ -52,9 +52,7 @@ Notwithstanding the foregoing, Licensor represents and warrants that it either o

9. Limitation of Liability.

In no event will either party be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages or liabilities whatsoever arising from or relating to the Software, the Software content or this Agreement, whether based on contract, tort (including negligence), strict liability or other theory, even if such party has been advised of the possibility of such damages.

In no event will Licensor liability exceed the Software license price as indicated in the invoice. The existence of more than one claim will not enlarge or extend this limit.
Except for indemnification obligations in Section 13.5, in no event will Licensor liability exceed the Software license price as indicated in the invoice. The existence of more than one claim will not enlarge or extend this limit.
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This looks good.


10. Remedies. Your exclusive remedy and Licensor’ entire liability for breach of this Agreement shall be limited, at Licensor’ sole and exclusive discretion, to (a) replacement of any defective software or documentation; or (b) refund of the license fee paid to Licensor, payable in accordance with Licensor' refund policy.

Expand All @@ -79,7 +77,7 @@ In no event will Licensor liability exceed the Software license price as indicat

13.4 Export Compliance. Each party agrees to comply with all applicable laws and regulations, including laws, regulations, orders or other restrictions on export, re-export or redistribution of software.

13.5 Indemnification. You agree to defend, indemnify, and hold harmless Licensor from and against any lawsuits, claims, losses, damages, fines and expenses (including attorneys' fees and costs) arising out of your use of the Software or breach of this Agreement.
13.5 Indemnification. Licensor agrees to defend, indemnify, and hold harmless You from and against any lawsuits, claims, losses, damages, fines and expenses (including attorneys' fees and costs) arising out of a claim brought by a third-party alleging that the Software directly infringes such third-party’s intellectual property rights; provided that Licensor shall have no indemnity obligation for claims arising out of your modification to the Software. You agree to defend, indemnify, and hold harmless Licensor from and against any lawsuits, claims, losses, damages, fines and expenses (including attorneys' fees and costs) brought by a third-party arising out of your modifications to the Software or breach of this Agreement.

13.6 Governing Law. This Agreement is governed by the laws of the State of Oregon and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods or the Uniform Computer Information Transactions Act, as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction. The jurisdiction and venue for actions related to the subject matter hereof shall be the state of Oregon and United States federal courts located in Portland, Oregon, and both parties hereby submit to the personal jurisdiction of such courts.

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