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4.1 Warranty and Disclaimer. Unless otherwise expressly provided in your License Certificate, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, SampleSoft’s entire liability and your exclusive remedies for breach of such warranties will be at SampleSoft’s sole discretion, and subject to the terms of the applicable License Certificate, Section 5.9. In addition, unless otherwise expressly provided by any applicable License Certificate, SampleSoft expressly excludes any and all other warranties, including but not limited to warranties of quality, fitness for a particular purpose, and non-infringement. In the event that your right to grant warranty exclusions expires, any and all implied warranties are excluded. In no case shall SampleSoft be liable for any loss or damage of any kind, direct or indirect, consequential, incidental or otherwise, including but not limited to lost profits or reduced productivity, arising in connection with your use of the Software or any breach of the warranty set out in this paragraph. The limitations and exclusions of warranties, and limitations of remedies, set forth above are essential elements of the parties’ agreement and cannot be waived (except as set forth above). No representative from SampleSoft has authority to make any warranties, other or greater, or any other representations or warranties, express or implied.
5.0 Term and Termination. The term of the license granted hereunder will commence on the date of your Purchase Ordered the Software, unless extended in accordance with Section 7.2. Your license granted hereunder, whether express or implied, will automatically terminate, immediately without notice from SampleSoft or other licensed software distributors, if: (a) SampleSoft terminates or suspends the License Certificate or the applicable portion of the License Certificate created under the license hereunder for any reason whatsoever; (b) You fail to comply with the license terms of the License Certificate. The licenses granted hereunder are nonexclusive, may terminate at any time without notice, and you are not required to purchase a new license or to registration an Alternative use of the Software by SampleSoft for any purposes permitted under this Agreement. d2c66b5586