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CONNECTION WITH THE USE, PERFORMANCE OR ACCURACY OF THE LICENSED SOFTWARE OR
WITH THE DELAY OR INABILITY TO USE THE LICENSED SOFTWARE, OR THE PRODUCT WITH WHICH
THE LICENSED SOFTWARE IS ASSOCIATED, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF TRANSCEND HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
8. Limitation of Liability. IN ANY CASE, TRANSCEND 'S LIABILITY ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE TOTAL AMOUNT ACTUALLY AND
ORIGINALLY PAID AT RETAIL BY CUSTOMER FOR THE PRODUCT. The foregoing Disclaimer and
Limitation of Liability will apply to the maximum extent permitted by applicable law. Some jurisdictions do not
allow the exclusion or limitation of incidental or consequential damages, so the exclusions and limitations set
forth above may not apply.
9. Termination. Transcend may, in addition to any other remedies available to Transcend, terminate this
Agreement immediately if Customer breaches any of its obligations under this Agreement.
10. Miscellaneous. (a) This Agreement constitutes the entire agreement between Transcend and Customer
concerning the subject matter hereof, and it may only be modified by a written amendment signed by an
authorized executive of Transcend. (b) Except to the extent applicable law, if any, provides otherwise, this
Agreement will be governed by the law of the Republic of China, excluding its conflict of law provisions. (c) If
any part of this Agreement is held invalid or unenforceable, and the remaining portions will remain in full force
and effect. (d) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any
one instance, will not waive such term or condition or any subsequent breach thereof. (e) Transcend may
assign its rights under this Agreement without condition. (f) This Agreement will be binding upon and will inure
to the benefit of the parties, their successors and permitted assigns.
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