otherwise) shall not in total exceed the amount paid to MathWorks under this Agreement in the twelve
month period preceding the claim in question, for the Program with respect to which the liability in question
arises; and (b) MathWorks and its Licensors shall have no liability for any indirect or consequential loss
(whether foreseeable or otherwise and including loss of profits, loss of business, loss of opportunity, and loss
of use of any computer hardware or software). Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the above exclusion or limitation may not apply to Licensee.
17. LIMITED WARRANTY/LIMITATION OF REMEDIES. MathWorks warrants that MathWorks, on its own
behalf or through its Licensors, has the right to grant the License rights hereunder. MathWorks warrants
that the physical media provided shall be free from defects in material and workmanship for a period of
ninety (90) days from delivery, or it will be replaced by MathWorks at no cost to Licensee. MathWorks
further warrants, for a period of one (1) year from delivery or for the term of the License, whichever is less,
that each copy of each Program will conform in all material respects to the description of such Program's
operation in the Documentation. In the event that a Program does not operate as warranted, Licensee's
exclusive remedy and MathWorks' sole liability under this warranty shall be the correction or workaround by
MathWorks of major defects within a reasonable time. Should such correction or workaround be impractical,
MathWorks may, at its option, terminate the relevant License and refund the initial License fee paid to
MathWorks for such Program. All requests for warranty assistance should be directed to The MathWorks,
Inc., 3 Apple Hill Drive, Natick, MA 01760-2098, U.S.A.
18. DISCLAIMER OF WARRANTIES. Except for warranties expressly set forth in Article 17 of this Agreement
(or as implied by law where the law provides that the particular terms implied cannot be excluded by
contract), any and all Programs, Documentation, and Software Maintenance Services are delivered "as is"
and MathWorks makes and the Licensee receives no additional express or implied warranties. MathWorks
and its Licensors hereby expressly disclaim any and all other conditions, warranties, or other terms of any
kind or nature concerning the Programs, Documentation, and Software Maintenance Services (including,
without limitation, any with regard to infringement, merchantability, quality, accuracy, or fitness for a
particular purpose or Licensee's purpose). MathWorks also expressly disclaims any warranties that may be
implied from usage of trade, course of dealing, or course of performance. Except for the express warranties
stated in Article 17 of thisAgreement, the Programs, Documentation, and Software Maintenance Services are
provided with all faults, and the entire risk of satisfactory quality, performance, accuracy, and effort is with
Licensee. MathWorks does not warrant that the Programs and Documentation will operate without
interruption or be error free. Some states and countries do not allow limitations on how long an implied
warranty lasts, so the above limitation may not apply to Licensee. The warranty in Article 17 gives Licensee
specific legal rights and Licensee may also have other rights which vary from state to state and country to
country.
Licensee accepts responsibility for its use of the Programs and the results obtained therefrom.
19. GOVERNING LAW; JURISDICTION. This Agreement shall be interpreted, enforced and construed and the
rights of the parties hereunder governed in all respects by the laws of the Commonwealth of Massachusetts,
United States of America, without regard to its conflicts of law provisions, and both parties consent to the
jurisdiction of the federal and state courts located in said Commonwealth and consent to the service of
process, pleadings and notices in connection with any and all actions initiated in such courts. The parties
agree that a final judgment in any such action or proceeding shall be conclusive and binding and may be
enforced in any other jurisdiction. To the extent any governing law, treaty, or regulation is in conflict with
this Agreement, the conflicting terms of this Agreement shall be superseded only to the extent necessary by
such law, treaty, or regulation. If any provision of this Agreement shall be otherwise unlawful, void, or
otherwise unenforceable, that provision shall be enforced to the maximum extent permissible. In either case,
the remainder of this Agreement shall not be affected. The parties agree that the U.N. Convention on