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. All <br />.i <br />1, <br />b. NEITHER DMF HOLDINGS NOR ITS SUPPLIERS SHALL BE LIABLE <br />TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, <br />INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES <br />(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY <br />TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS <br />OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING <br />OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCT AN D <br />BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF <br />CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING <br />NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DMF <br />HOLDINGS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF <br />THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY <br />SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL <br />PURPOSE. <br />c. DMF HOLDINGS'S TOTAL LIABILITY TO YOU FOR ACTUAL <br />DAMAGES, FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO <br />THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT CAUSED <br />SUCH DAMAGE. <br />d. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO <br />APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL <br />OTHER ASPECTS OF THIS EULA. <br />12. INDEMNITY. You agree to hold DMF Holdings harmless against, and at your <br />expense handle and defend, any claim and defend any third party suit brought <br />against you based upon an allegation that any software developed by you and <br />included in Derived Works produced using the Product constitutes an <br />infringement of any international patent, or any copyright or other proprietary or <br />intellectual property right, You shall pay all damages and costs awarded in such <br />suit. <br />DMF Holdings will indemnify, defend and hold you, and/or your and/or its <br />affiliated and /or subsidiary companies harmless against any claims, legal actions, <br />losses and other expenses arising out of or in connection with any claims that the <br />Product and /or related documentation infringes or violates any intellectual <br />property right of any third party ( "Claim "}, on the condition that you notify DMF <br />Holdings promptly of the Claim and give DMF Holdings sole control of the <br />defense and negotiations for its settlement or compromise. If you become, or <br />may become, prohibited from continued use of the Software and /or the Product <br />by reason of an actual or anticipated Claim, DMF Holdings will use its reasonable <br />efforts to <br />a. obtain for you the right to use the Software and /or the Product, or <br />b, replace or modify such Software and /or the Product so that it is no longer <br />subject to a Claim, but performs the same functions in an equivalent <br />manner. <br />c. In the event that DMF Holdings determines, in its sole discretion, that <br />ro neither (a) nor (b) is commercially reasonable, DMF Holdings shall refund <br />25A -19 <br />