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NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, <br />COMMSYS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY <br />INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES <br />(INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR <br />BUSINESS) OR ATTORNEYS' FEES RESULTING FROM OR IN ANY WAY <br />RELATED TO COMMSYS' PROVIDING OF SERVICES OR PRODUCTS, <br />WHETHER FOR INJURIES TO PERSON, PROPERTY OR OTHERWISE. <br />5. Ownership of Product <br />Subject only to the rights and license expressly granted to Customer be the <br />ConnectClC End User License Agreement attached as Exhibit B, the parties <br />hereby acknowledge and agree that CommSys shall have the sole and exclusive <br />ownership of all right, title, and interest in and to any deliverables, including but <br />not limited to, software programs, source and object code, files, tapes, disks, and <br />related user documentation (collectively, the "Products") created and/or <br />developed by CommSys, including ownership of all copyrights, trademarks, trade <br />secrets, and patents. <br />6. License Agreements <br />A. Customer agrees to execute the CommSys ConnectClC End User <br />Software License Agreement attached as Exhibit B. <br />B. Customer shall be responsible for obtaining all necessary licenses for the <br />3rd party items furnished, owned, or created by third parties required by <br />Products to operate. <br />C. If Customer requires a 3`d party to interface party's software products with <br />CommSys Products, Customer shall obtain an executed copy on from the <br />3`d-party company on the ConnectClC End User Developer License <br />Agreement ("Developer Agreement") attached as Exhibit D. Until <br />Developer Agreement is executed, End User shall not provide information <br />on Products as defined in Section 5 to 3`d party. <br />7. Limitations on Remedies and Liabilities <br />Customer agrees that CommSys' liability and Customer's sole and exclusive <br />remedy pursuant to any claim of any kind arising out of or connected with this <br />Agreement, including but not limited to a claim in contract, negligence or tort <br />(including, strict liability), against CommSys, shall be, at CommSys' option, the <br />proper performance of contracted services or a credit of all or a portion of the <br />price paid for the services and Products. Customer recognizes that the <br />provisions of this Section are a material factor in CommSys' agreement to <br />provide the services and Products at the price specified, and Customer agrees <br />that any accommodation to Customer by CommSys, whether for sales policy <br />©Copyright 2006 CommSys Incorporated Page 3 <br />Proprietary & Confidential Information <br />