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exclusive remedy and CG4's entire liability for Infringement and shall survive the expiration or other termination of this Agreement with respect to acts or events occurring prior to termination of this Agreement. LIMITATION OF LIABILITY: in no event shall CG4 be liable in contract or tort for loss of revenues, profits, goodwill, lost computer time, damage or loss of data, or any indirect, incidental, punitive, or consequential damage suffered or Incurred by Licensee in connection with or arising from this Agreement, including any Product licensed hereunder or benefits provided under Maintenance. Notwithstanding damages under the Indemnification Section, C04's liability for other damages resulting from or relating to the Product, or the use thereof, shall not exceed the amount paid by Licensee for such Product, and CG4's liability for other damages resulting from or relating to Maintenance or hosting Services, Including the benefits provided thereunder shall not exceed the amounts paid by Licensee during the previous twelve (12) month period for such Maintenance of hosting Services, C04's liability shall further be limited to direct damages suffered by Licensee. Licensee shall be solely responsible for deciding whether or not the Product Is suitable for its purposes and for the consequences of any use of the Product. CG4 shall have no liability for any loss or damage suffered by Licensee as a result of such decision to obtain and was the Product pursuant to this Agreement and for the reliance by Licensee on any results or data obtained from the use of the Product. This Agreement shall not be deemed or construed to create any enforceable right in any third person, firm, corporation, or other entity. HARDWARE: If Licensee acquires hardware products ("Hardware") from CG4 under the terms and conditions of this Agreement, the following provisions shall apply: a) Upon delivery of the Hardware, title to such Hardware shall pass to Licensee (except In the event such Hardware is rented, leased or loaned to Licensee). b) Unless CG4 Is the original manufacturer of such Hardware, Licensee understands and agrees that CG4 EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES IN RELATION TO THE HARDWARE, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES (1) OF MERCHANTABILITY, (11) OF FITNESS FOR A PARTICULAR PURPOSE, (III) OF NON -INFRINGEMENT, OR (IV) ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE. ANY SUCH HARDWARE WARRANTIES SHALL BE PROVIDED DIRECTLY BY THE ORIGINAL, HARDWARE MANUFACTURER AND SHALL ACCOMPANY THE HARDWARE PRODUCT WHEN SHIPPED. c) Licensee understands and agrees that CG4 shall have no liability for third party infringement actions where CG4 is not the original manufacturer of the Hardware. EXPORT RESTRICTIONS: Licensee agrees not to export or re-export, or permit exportation or re-exportation of the Product outside of the country in which Licensee first receives the Product from CG4 without first (a) obtaining CG4's prior written consent and (b) In each instance obtaining any required written permission to do so from the United States Office of Export Administration and any other appropriate governmental agencies (United States or otherwise) or (c) complying fully and strictly with all requirements of any general license exempting the exportation or re-exportation from the requirement for that permission. THIRD PARA` PRODUCTS: licensee hereby acknowledges that the Product Is composed of a number of Individual software components. Licensee further understands and agrees that while a majority of the components are licensed pursuant to this Agreement, each component was written and copyrighted individually and that some components have their own applicable end user license agreement. Licensee should review the applicable and user license agreements carefully in order to understand the rights under them and to realize the maximum benefits available with the Product. CG4 shall have no liability or obligation whatsoever In regards to any component that Is not licensed under this Agreement. Nothing In this Agreement shall limit Licensee's rights under, or grants Licensee any rights that supersede the terms of any applicable end user license agreement. AUDITS: At CG4's owl expense, CG4 (or Its authorized representative) shall be entitled to carry out an annual audit of all Licensee installation sites at a mutually agreeable date and time to ensure that the licensing terms set forth herein are being observed. Licensee agrees to provide all reasonable assistance while CG4 or Its authorized representative conducts such audits. The confidentiality provision set forth herein shall be observed at all times by CG4 or its authorized representative. In the event the audit concludes that Licensee has exceeded the usage limits under the applicable Product Schedule(s), C04 shall Invoice and Licensee agrees to pay for the additional licenses in accordance 02016Cn4S.11,0m, 1ne All It 1910 Reserved.TI,6uocuoxm ISPROMIUARP and CONF(DrNTIAL and ,naynothodapIi.tcd, rWhabited, ord6play*l mew third pnay without theexpmexed we5tm poonfssfnn arCG4. ?%'o of I I