5.0 Disclaimer of Warranties.
5.1 Disclaimer. Except for the express warranties contained
above, the company makes no warranty relating to the subject
matter of this agreement.
5.2 Limited Liability. Under no circumstances, including
negligence, will the company, its officers, agents or anyone
else involved with the company be liable for any direct,
indir ect, incidental, special or consequential damages
that result from the service. The company will further not
be liable for results from mistakes, delays or failure of
performance whether or not limited to acts of nature, theft,
or unauthorized access to the companys records.
5.3 Remedy. The clients exclusive remedy for all damages,
losses and causes of actions whether in contract or tort
(including negligence or otherwise) will not (a) exceed
the actual amount which the client paid for the service,
or (b) include any incidental, consequential, extemporary
or punitive damages of any kind, including without limitation,
time or revenue.
6.0
Miscellaneous.
6.1 Governing Law and Solicitors' Fees. For customer orders
with a delivery address in the U.S.A this agreement will
be interpreted and applied in accordance with the laws of
the State of Delaware, without regard to the conflicts of
law provisions. In any action or proceeding to enforce rights
under this agreement, the prevailing party will be entitled
to recover costs and solicitors' fees, whether or not a
suit is actually filed.
For customer orders with a delivery address outside the
U.S.A this agreement will be interpreted and applied in
accordance with the laws of England, without regard to the
conflicts of law provisions. In any action or proceeding
to enforce rights under this agreement, the prevailing party
will be entitled to recover costs and solicitors' fees,
whether or not a suit is actually filed.
6.2 Resale of Services. Customer may not resell the services,
unless under express agreement with GeoGene.
6.3 Transfer. Client may not transfer or assign this agreement
without the written consent of GeoGene.