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Eild User License Agreement - CareSuite <br />Page 5 of 10 <br />5. T=unati.on. Licensor may terminate this Agreement (a) for cause if Licensee and/or <br />11 yarmfi s t , , r a I `tach of this Agreement within thirty (30) days atter <br />rc of s hre c, t r ( srnmedi.ately in the case ofa breach of Section 1.4. <br />all all. survive termination. Upon such ternainati.on for <br />breach, Licensee shall immediately cease all use of the Software andreturn or destroy all <br />an exclusive remedy, and all other remedies will be available whether or not this Agreement <br />is terminated. <br />SECTION 6. LIMITATION OF LIABILITY. <br />NOTWITHSTANDING ANYTHING IN THI'S AGREEMENT TO THE CONTRARY, <br />LICENSOR SHALL NOT BE LIABLE OR OBLIGATED WITH. RESPECT TO ANY <br />SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, N:EGL:IGENCE, <br />STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (i) FOR <br />ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF THE FEES PAID TO <br />LICENSOR BY LICENSEE WITH RESPECT TO THE COPIES OF SOFTWARE THAT <br />ARE THE SUBJECT OF THE CLAIM DURING THE TWELVE MONTH PERIOD <br />PRIOR TO ACCRUAL OF THE CAUSE OF ACTION; (ii) FOR ANY <br />SPECIAL,PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, <br />WITHOUT LIMITATION, FOR ANY LOST PROFITS, COST OF PROCUREMENT OF <br />SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS); (iii) FOR <br />INTERRUPTION OF USE OR LOSS OR CORRUPTION OF :D.ATA; OR (iv) FOR ANY <br />MATTER BEYOND ITS REASONABLE CONTROL. SOME STATES DO NOT ALLOW <br />THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL <br />DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY <br />TO LICENSEE. <br />SECTION 7. RICHT TO AUDIT <br />O.n Licensor's written. request Licensee shall. furnish Licensor with a signed certification <br />certifying that the Software is being used pursuant to the terms of this Agreement including <br />any copy and User limitations. With prior reasonable notice, Licensor may audit the copies of <br />the Software in use by Licensee provided such audit is during regular business hours. In the <br />event the audit reveals a material discrepancy on the part of Licensee, Licensee shall pay <br />Licensor then current License fee for the number of licenses reflected in the discrepancy and <br />maintenance for any unauthorized use of the Software. <br />mhtml:file://\\lothlorien\riletJploads\Gvork-requests\32769\Quickmar contract 11-25-17.mht 11/27/2017 <br />