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This Agreement shall supersede any and all agreements prior to the execution of this Agreement. (9) Titles and numbers of Articles, Paragraphs and Items of this Agreement shall be for convenience purposes only, and they shall not have any legal effects.(2) All disputes arising from or in connection with this Agreement shall be submitted to the exclusive agreed jurisdiction of the Tokyo District Court, for the first instance. Standard technical support is provided for Movable Type users (MT Users) who purchased our “Technical Support Services” additionally.It is extremely helpful to save or make note of error message(s) received when the error occurred.Please understand that not all errors / malfunctions can be fixed.
(2) Any and all risks pertaining to the quality and performance of the Software, program errors in the installation and use, damage to devices, loss of data and software programs, nonperformance or suspension or otherwise shall be borne by the Client.In such cases, considerations having been paid for the Software and technical supports shall not be refunded for any reason whatsoever. (6) The Client may not assign, transfer, pledge or otherwise dispose of its contractual status or rights or obligations under this Agreement without prior written consent of Six Apart, and any assignment, transfer, pledge or other disposition contradicting the above shall be invalid.Provisions relating to "Limitation on Guarantee relating to Function of Software," "Indemnification," "Limitation on Liability" and "General Provisions" shall survive the termination of this Agreement. Indemnification The Client hereby agrees to indemnify Six Apart, any of its officers, employees, agencies, subsidiaries, affiliates and other partners for liabilities for any direct, indirect, contingent, exceptional, consequential or punitive damage arising from the Client's use of, or otherwise in connection with, the Software. Limitation on Liability (1) The Client specifically understands and acknowledges that, Six Apart shall not assume liabilities for any direct, indirect, contingent, exceptional, consequential or punitive damage, including, but not limited to, those resulting from loss of profits, loss of credibility, nonperformance, unavailability of data or other causes, as well as any other unrecognized damage, not only where Six Apart has notified the possibility of such damage in advance, but in all other cases. (7) Movable Type, logo of Movable Type, and other logos and names of Movable Type, Six Apart, logo of Six Apart and other logos and names of Six Apart shall be the trademarks of Six Apart.(2) For two (2) years after the purchase of license for the Software and any period to be separately designated by Six Apart thereafter, the Client shall be entitled to receive an Update to the latest version for free.(3) If the Software is provided as an Update or Upgrade, the Client may use either the previous version or the current version and shall not use both versions concurrently; provided, however, that, if the Client chooses to use the previous version despite the Upgrade of the Software, the Client shall acknowledge that the Update set forth in the preceding Paragraph concerning such previous version may be terminated at the discretion of Six Apart. Compliance The Client shall understand and acknowledge that it may use the Software only in compliance with all applicable laws.