2. ANNUAL SUPPORT.
Limited warranty: If Licensee has a current license subscription with Annual Support from Frontline, then Frontline warrants, during the license subscription term, that the Software covered by the subscription will perform substantially as described in the User Guide published by Frontline in connection with the Software, as such may be amended from time to time, when it is properly used as described in the User Guide, provided, however, that Frontline does not warrant that the Software will be error-free in all circumstances. During the license subscription term, Frontline shall make reasonable commercial efforts to correct, or devise workarounds for, any Software errors (failures to perform as so described) reported by Licensee, and to timely provide such corrections or workarounds to Licensee.
Disclaimer of Other Warranties: IF THE SOFTWARE IS COVERED BY A CURRENT LICENSE SUBSCRIPTION, THE LIMITED WARRANTY IN THIS SECTION 2 SHALL CONSTITUTE FRONTLINE'S ENTIRE LIABILITY IN CONTRACT, TORT OR OTHERWISE, AND LICENSEE’S EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY. IF THE SOFTWARE IS NOT COVERED BY A CURRENT LICENSE SUBSCRIPTION, FOR EXAMPLE IF LICENSEE PERMITS THE SOFTWARE LICENSE SUBSCRIPTION TO EXPIRE, THE LIMITED WARRANTY IN THIS SECTION 2 SHALL NOT APPLY.
3. WARRANTY DISCLAIMER.
EXCEPT AS PROVIDED IN SECTION 2 ABOVE, THE SOFTWARE IS PROVIDED "AS IS" AND "WHERE IS" WITHOUT WARRANTY OF ANY KIND; FRONTLINE AND, WITHOUT EXCEPTION, ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE AND THE SAME ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, FRONTLINE DOES NOT REPRESENT, WARRANTY OR GUARANTEE THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR MEET LICENSEES’ EXPECTATIONS. FRONTLINE DOES NOT MAKE ANY WARRANTY REGARDING THE SOFTWARE'S RESULTS OF USE OR THAT FRONTLINE WILL CORRECT ALL ERRORS. THE LIMITED WARRANTY SET FORTH IN SECTION 2 IS EXCLUSIVE AND FRONTLINE MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO THE SOFTWARE, ANNUAL SUPPORT AND/OR OTHER SERVICES PROVIDED IN CONNECTION WITH THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
4. LIMITATION OF LIABILITY.
IN NO EVENT SHALL FRONTLINE OR ITS SUPPLIERS HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOST DATA, LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SOFTWARE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL FRONTLINE’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS LICENSE, THE SOFTWARE, AND ANY SUPPORT CONTRACTS PROVIDED BY FRONTLINE TO LICENSEE HEREUNDER, WHETHER IN CONTRACT OR TORT OR OTHERWISE EXCEED THE PRICE OF ONE STANDALONE LICENSE. LICENSEE ACKNOWLEDGES THAT THIS ARRANGEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS LICENSE AND THAT FRONTLINE WOULD NOT ENTER INTO THIS LICENSE WITHOUT THESE LIMITATIONS ON ITS LIABILITY. LICENSEE ACKNOWLEDGES THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
LICENSEE UNDERSTANDS AND AGREES THAT ANY RESULTS OBTAINED THROUGH LICENSEE'S USE OF THE SOFTWARE ARE ENTIRELY DEPENDENT ON LICENSEE’S DESIGN AND IMPLEMENTATION OF ITS OWN OPTIMIZATION, SIMULATION OR DATA MINING MODEL, FOR WHICH LICENSEE IS ENTIRELY RESPONSIBLE, EVEN IF LICENSEE RECEIVED ADVICE, REVIEW, OR ASSISTANCE ON MODELING FROM FRONTLINE.
See also Frontline Systems Software License.