Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not be applicable. In any case, Vovsoft's entire liability under any provision of this agreement shall not exceed in the aggregate the sum of the fees licensee paid for this license (if any), with the exception of death or personal injury caused by the negligence of Vovsoft to the extent applicable law prohibits the limitation of damages in such cases. To the maximum extent permitted by applicable law, in no event will Vovsoft or its suppliers or resellers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the product, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. Vovsoft will not be liable for data loss, damages, loss of profits or any other kind of loss while using or misusing this software. The product is distributed "as is" and without any warranty as to merchantability or fitness for a particular purpose or any other warranties either expressed or implied. This agreement is a legal license agreement between licensee and legal owner of ("Vovsoft"). If licensee does not agree to all of the terms of this agreement, licensee must not install or use the product. By installing or using Text Statistics Analyzer (the "product"), the individual or entity licensing the product ("licensee") is consenting to be bound by and is becoming a party to this license agreement ("agreement").
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