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B. It is agreed that CommSys's liability hereunder shall in no event exceed <br />the sum of the actual license fees paid by Customer to CommSys or <br />CommSys's Reseller. <br />6. Term and Termination <br />A. Customer may terminate the license of the Licensed Program Materials <br />upon sixty (60) days prior written notice before the expiration of the initial <br />term or any renewal term. <br />B. Either party may terminate this Agreement at any time should the other party <br />default on any of its material obligations (including, without limitation, Section <br />3, License Restrictions) under this Agreement if, within thirty (30) days after <br />written notice, such other party has failed to begin good faith efforts to cure <br />the default. Such written notice shall specify the default and state the <br />intention to terminate if the default is not cured. <br />C. The License Restrictions contained in Section 3 shall survive the expiration <br />or termination of this Agreement. <br />7. Relationship <br />The only relationship between Customer and CommSys which is intended to be <br />created by this Agreement is that of licensor and licensee, and neither party shall <br />be nor represent itself to be, an agent, employee, partner or joint venturer of the <br />other, nor shall either party transact any business in the name of the other, nor <br />on the other's behalf, nor in any manner or form make promises, representations <br />or warranties or incur any liability, direct or indirect, contingent or fixed, for or on <br />behalf of the other party. <br />8. Force Majeure <br />A. If either of the parties to this Agreement are prevented from the <br />performance of this Agreement by force majeure such as government <br />action or inaction, war, serious fire, flood, typhoon or earthquake, other <br />natural calamities, or other forces beyond the control of the parties, the <br />time for the performance of the Agreement shall be extended by a period <br />equal to the effect of such causes, and neither party shall be responsible <br />for loss or damages due to the delay. <br />B. Should the effect of force majeure continue more than one hundred fifty <br />(150) days, both parties shall settle the further execution of this <br />Agreement through friendly negotiations as soon as possible. <br />This document contains information confidential to CommSys Incorporated <br />Page 4 of 9 <br />