of the MIPS Deliverables, or any portion thereof, under this Agreement. Licensee
expressly acknowledges and agrees that any research or development performed with
respect to the MIPS Deliverables is done entirely at Licensee’s own risk.
(b) NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY
THIRD PARTY FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO,
SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, EXEMPLARY OR INCIDENTAL
DAMAGES, WHETHER SUCH DAMAGES ARISE UNDER A TORT, CONTRACT
OR OTHER CLAIM, OR DAMAGES TO SYSTEMS, DATA OR SOFTWARE, EVEN IF
SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION ON LIABILITY SHALL SURVIVE EVEN IF THE LIMITED REMEDY
PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. IN NO CASE WILL MIPS’
LIABILITY FOR DAMAGES UNDER THIS AGREEMENT EXCEED THE AMOUNTS
RECEIVED BY MIPS AS FEES UNDER THIS AGREEMENT.
10. WAIVER; MODIFICATION
Any waiver of any right or default hereunder will be effective only in the instance given
and will not operate as or imply a waiver of any other or similar right or default on any
subsequent occasion. No waiver or modification of this Agreement or of any provision
hereof will be effective unless in writing and signed by the party against whom such
waiver or modification is sought to be enforced.
11. HAZARDOUS APPLICATIONS
The MIPS Deliverables are not intended for use in any nuclear, aviation, mass transit,
medical, or other inherently dangerous application. MIPS EXPRESSLY DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USE. LICENSEE
REPRESENTS AND WARRANTS THAT IT WILL NOT USE THE MIPS DELIVERABLES
FOR SUCH PURPOSES.
12. SEVERABILITY
In the event any provision of this Agreement (or portion thereof) is determined to
be invalid, illegal or otherwise unenforceable, then such provision will, to the extent
permitted, not be voided but will instead be construed to give effect to its intent to the
maximum extent permissible under applicable law and the remainder of this Agreement
will remain in full force and effect according to its terms. IN THE EVENT THAT ANY
REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES
SHALL REMAIN IN EFFECT.
13. RIGHTS IN DATA
Licensee acknowledges that all software and software related items licensed by MIPS
to Licensee pursuant to this Agreement are “Commercial Computer Software” or
“Commercial Computer Software Documentation” as defined in FAR 12.212 for civilian
agencies and DFARS 227.7202 for military agencies, and that in the event that Licensee
is permitted under this Agreement to provide such items to the U.S. government, such
items shall be provided under terms at least as restrictive as the terms of this Agreement.
14. MISCELLANEOUS
(a) The MIPS Deliverables and GPL Materials may be subject to U.S. export or import
control laws and export or import regulations of other countries. Licensee agrees
