Without prejudice to any other rights, Huawei or his licensor may termin
ate your right to use the Software under this Agreement if you fail to comply wi
th the terms and conditions of this Agreement. In such event, you must stop usi
ng the Software immediately and destroy all copies of the Software and all of th
e component parts.
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6. Limited Warranty
Software is provide on an "AS IS" basis and without warranty of any kin
d, either express or implied, including, without limitation, the implied warrant
ies or merchantability, fitness for a particular purpose, or non infringement.
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7. Limitation of Liability
HUAWEI'S TOTAL LIABILITY HEREUNDER FOR DAMAGES OF ANY NATURE SHALL NOT
EXCEED THE TOTAL PAYMENTS MADE BY YOU FOR THE SOFTWARE.
IN NO EVENT SHALL HUAWEI BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMA
GES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LISS OF BUSINESS PROF
ITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN
IF HUAWEI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any notice concerning this Agreement shall be given to Huawei by first c
lass registered or certified mail to the Address: Administration Building Huawei
Technologies Co., Ltd. Bantian, Longgang District, Shenzhen, 518129, P. R. Chin
a
This Agreement is governed and construed by the relevant laws of Pe
ople's Republic of China. All disputes, controversies and differences arising ou
t of or relating to this Agreement shall be settled amicably through negotiation
in good faith. In the case that such dispute or controversies cannot be settled
amicably through negotiations within a thrity(30) day period, it shall be submi
tted to China International Economic and Trade Arbiration Commission with its th
en-current rules by three (3) arbitrators appointed in accordance with the said
rules. The award rendered by arbitrators shall be final and binding upon both Li
censee and Licensor hereto.