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<br />AVEVA Clickwrap EULA PO APM MC (Excluding Process Optimization and Unified Supply Chain)-v4.6-14 July 2020 (JS)
<br />Customer’s name and logo for this purpose from time to time as needed. AVEVA may generally describe
<br />the nature of the work in AVEVA’s promotional materials, presentations, case studies, qualification
<br />statements, and proposals to current and prospective clients.
<br />6. DATA PROTECTION.
<br />6.1 Customer Content. Customer is responsible for the Customer Content and entering it into the Products.
<br />Customer has sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness
<br />of Customer Content, and for obtaining all rights related to Customer Content required in connection with
<br />the performance, receipt or use of the Products or Support Services. Customer will collect and maintain all
<br />personal data contained in the Customer Content in compliance with applicable data privacy and protection
<br />laws.
<br />6.2 Security. Customer will maintain reasonable security standards for the use of the Products by users.
<br />Customer is solely responsible for determining the suitability of the Products for Customer’s business
<br />processes and for complying with all applicable legal requirements regarding Customer Content and its use
<br />of the Products. Customer will provide reasonable assistance required in connection with the provision of
<br />the Products and the support by AVEVA. Customer acknowledges and agrees that Customer’s reasonable
<br />assistance is a necessary precondition for AVEVA’s correct performance of its obligations under the
<br />Agreement. Customer bears all consequences and costs resulting from breach of its duties.
<br />7. DISCLAIMER OF WARRANTIES.
<br />EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THE
<br />AGREEMENT (INCLUDING ANY APPLICABLE SCHEDULES AND/OR ANY APPLICABLE ADDENDA),
<br />AVEVA AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS, OR
<br />STATEMENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION,
<br />ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
<br />EXCEPT TO THE EXTENT THAT ANY WARRANTIES IMPLIED BY LAW CANNOT BE VALIDLY WAIVED.
<br />NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AVEVA, ITS DEALERS, DISTRIBUTORS
<br />OR AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE
<br />SCOPE OF THE WARRANTIES SET FORTH IN THE AGREEMENT AND CUSTOMER MAY NOT RELY
<br />ON ANY SUCH INFORMATION OR ADVICE. AVEVA DOES NOT WARRANT THAT THE PRODUCTS OR
<br />SUPPORT SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE PRODUCTS OR
<br />SUPPORT SERVICES WILL OPERATE IN COMBINATIONS OTHER THAN AS SPECIFIED IN AVEVA’S
<br />DOCUMENTATION (AS APPLICABLE), THAT THE OPERATION OF THE PRODUCTS OR SUPPORT
<br />SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE PRODUCTS OR SUPPORT
<br />SERVICES WILL PROTECT AGAINST ALL POSSIBLE SECURITY THREATS, INTERNET THREATS OR
<br />OTHER THREATS OR INTERRUPTIONS. THE PRODUCTS OR SUPPORT SERVICES ARE PROVIDED
<br />ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY BE SUBJECT TO TRANSMISSION ERRORS,
<br />DELIVERY FAILURES, DELAYS AND OTHER LIMITATIONS INHERENT IN THE USE OF THE INTERNET
<br />AND ELECTRONIC COMMUNICATIONS.
<br />8. LIMITATION OF LIABILITY.
<br />8.1 CONSEQUENTIAL DAMAGES. NOTWITHSTANDING ANTYHING TO THE CONTRARY HEREIN, IN NO
<br />EVENT SHALL AVEVA BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
<br />EXEMPLARY, SPECIAL, PUNITIVE OR SIMILAR DAMAGES OR (B) LOSS OF BUSINESS, PROFITS, OR
<br />REVENUE, LOSS, CORRUPTION OR DESTRUCTION OF DATA, BUSINESS INTERRUPTION, OR
<br />DOWNTIME, IN EACH CASE ARISING OUT OF OR RELATED TO THE AGREEMENT, REGARDLESS
<br />OF THE CAUSE OF ACTION OR BASIS OF LIABILITY (WHETHER IN CONTRACT, TORT, INDEMNITY,
<br />OR OTHERWISE), AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
<br />8.2 Damages Cap. Nothwithstanding anything to the contrary herein, the aggregate liability of AVEVA to
<br />Customer for any loss or damage arising under or in relation to the Agreement, regardless of the basis of
<br />liability (whether arising out of liability under breach of contract (including under any indemnity), tort
<br />(including but not limited to negligence), misrepresentation, breach of statutory duty, breach of warranty or
<br />claims by third parties arising from any breach of the Agreement) shall not exceed the fees paid by Customer
<br />pursuant to the applicable Transaction Document for the specific Product or Support Services giving rise to
<br />ATTY/AGR.2021.312/E&M Electric and Machinery, Inc. (AVEVA Wonderware Flex Subscription) (Page 16 of 51)
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